Effective Date: October 16, 2023

1. General Provisions

The Company

We, WebKontrol Inc., a company located at 838 6 Avenue 6^th floor, New York, 10001, United States, registration number 5500196 (hereinafter referred to as the Company or We), offer You (hereinafter referred to as the User or You) to use WebScan by WebKyte service on the terms and conditions set out herein (the Terms).

Web Kontrol’s trade name is WebKyte. Sometimes, We may offer our products under the WebKyte brand.

The User

The Service is intended to meet the business needs of copyright holders, so You may use the Service as a representative of a company or a business. You may use the Service as an individual if it is authorized in writing by the Company.

If You are using the Service on behalf of a company or a business, You confirm that You have the authority to act on behalf of that entity, and acknowledge that You have read the Terms, understand, and agree to be bound by their provisions.

To get access to the Service You must submit the request within the Service website https://webkyte.com/rightsholders. After filling in the form with Your name, company name and its website, and an e-mail, You will get a login and a password and be ready to use the Service. The Company reserves the right to prohibit the use of the specific logins and to identify the requirements for login and password (length, admissible characters etc.).

You should keep your login and password safe all the time. The User is solely responsible for keeping his credentials secret. Any actions committed within the User’s account in the Service are deemed to be performed by such User.

We respect the privacy of our Users and provide information on how We process Your personal data with respect to the use of the Service in the Privacy Policy available at https://webkyte.com/webscan-privacy-policy.

2. The Service

Description of the Service

The Service allows You to search for illegal copies of your video within the list of 12 digital platforms by using video fingerprinting and is intended to help rights holders or their representatives protect their copyright.

The use of the Service is governed by these Terms, which are a legally binding agreement between You and the Company. By starting to use the Service, in particular, by signing in via the authorization form, or by using any other functionality provided at https://scan.webkyte.com, the User expresses their full and unconditional acceptance of all the provisions set out in the Terms.

Use of the Service on conditions other than those provided herein shall not be allowed unless authorized in writing by the Company. If the User does not agree to any of the provisions of the Terms, such User shall immediately stop using the Service.

The Service is offered to You at https://scan.webkyte.com and according to the price plan offered by the Company. The trial period of the Service may be offered for free, and for current prices please contact us at [email protected].

Use of the Service

While using the Service You give the automation script access to the number of videos you want to fingerprint and then check for copies. The videos are kept on your device and not copied to the Service; they are only processed by the script to make video fingerprints.

Once video fingerprints are uploaded to the Service, You fill in the table with the metadata for each particular video and start a process of web scanning.

Upon the web scanning is finished You may find the links to one or several platforms from the list, that contain copies of the video or its parts, in your profile in the Service. This information may be downloaded, and You may use this data for the interests of the entity you represent.

Restrictions

The User shall only process the videos for his business purposes and for the aim of protecting copyright. The User shall not process the video which (i) is illegal or prohibited for distribution in accordance with the applicable legislation, (ii) is inciting ethnic discord, propagandizing hatred or discrimination of people on racial, ethnic, sexual, religious, and other grounds, (iii) is a trash video, or contains violence and cruelty, self-harm, suicide, torture, animal cruelty, etc., (iv) contains pornography or erotic materials, including those involving minors, (v) infringing copyrights, trademark rights, other intellectual property rights of third parties.

The Company reserves the right to set any limits upon the number of videos checked via the Service, length of the videos, quality of the videos, file sizes, etc.

For more information, please check Our help guide at https://bit.ly/WebScan-Overview.

The User agrees that the Company, at its sole and absolute discretion, has the right to deny access to the Service, in case of their inconsistency with these Terms, including, as a result of obtaining complaints from third parties or notifications from any public authority that the actions of the User may violate the applicable laws.

Intellectual Property

You warrant and represent that You are a rights holder of the video or authorized by the rights holder or have any other legal permission to make video fingerprints or let third parties make fingerprints and use the Service within its available functionality.

The Company reserves the right at any time to verify that the User is authorized to use videos and may ask for the submission of relevant documents or check with publicly available sources.

By using the Service, You grant Us a non-exclusive right to make fingerprints out of the video you are processing via the Service.

You understand and acknowledge that the Company shall solely and exclusively own all rights, titles, and interests to the fingerprints made from your video. The Company can use such fingerprints by any means and for any purpose.

The exclusive right to the Service is owned by the Company. The Company alone shall own all rights, titles, and interests to the Service and the objects in any form available within the use of the Service, including design elements, texts, graphic images, illustrations, software, databases, etc.

3. Other provisions

Limitation of Liability

The Service is provided on an ‘as is’ basis. The User understands that the Company may not guarantee the uninterrupted and error-free operation of the Service.

The Service is performed online and requires the User to have a sufficient internet connection. The Company shall not be responsible for the User’s internet connection and errors or omissions that occur in the Service due to the bad connection.

Under no circumstances the Company shall be responsible for fingerprinting the video or any other use of the video that violates applicable laws or third parties’ copyrights. The User undertakes to indemnify and hold the Company harmless from and against any and all loss, liability, damages, claims, and expenses (including reasonable attorneys’ and other professional fees and costs) incurred hereof.

In no case, the responsibility of the Company for the violations associated with the use of the video or video fingerprinting before the User or the third parties shall exceed ten US dollars.

Applicable Law

These Terms shall be governed, construed, and enforced in accordance with the laws of the State of New York. All disputes arising from the application of these Terms, or the use of the Service shall be settled in accordance with the laws of the State of New York.

In these Terms, unless expressly stated otherwise, the term ‘applicable law’ shall mean both the laws of the State of New York and the laws applicable to the User.

Notifications

The Company reserves the right to send information notices to the User. The Company also has the right to send advertisement messages to the User, provided that the Company has obtained valid consent of the User in accordance with applicable law, or the User has not opted out of marketing and commercials related to the Service.

Any notice or claim related to the use or inability to use the Service, related to potential infringement of law may be submitted to the Company at [email protected].

Effectiveness of the Terms

If any clause of these Terms is not enforceable for any reason, this will not affect any other provisions.

The Company shall, at all times, be deemed to be an independent contractor and shall not be deemed to be employer, agent, joint venturer, partner, or representative of the User, or be authorized or empowered to create any claim, debt or obligation on behalf of the User.

The Company has a right at any time to transfer the Service and the Terms to its affiliate or a third party.

The Company reserves the right, at its sole and absolute discretion, to change or modify provisions of these Terms at any time. Any such changes will become effective upon the effective date or the publication of the new version at https://webkyte.com/webscan-terms-of-service.