Terms of Service — Kondense

1. This agreement

Kondense ("Kondense", "we", "us", "our") is a service operated by Simon Chawla, carrying on business as Littlefoot Digital. These Terms of Service (the "Terms") govern your access to and use of the Kondense website at kondense.app, the application at studio.kondense.app, and everything we offer through them (together, the "Service").

By creating an account, or by otherwise accessing or using the Service, you agree to these Terms and to our Privacy Policy, which is part of this agreement. If you do not agree, do not use the Service.

If you are using the Service on behalf of a company or other organisation, you confirm that you have authority to bind that organisation, and "you" means both you and that organisation.

2. What the Service does

Kondense takes long-form video that you supply and produces short, vertical, captioned clips from it. In broad terms, the Service:

accepts a video you upload, or retrieves one from a link you provide;
extracts the audio and has it transcribed;
analyses the transcript to choose moments worth clipping, and to draft titles, descriptions and chapter markings;
analyses the picture to decide how to crop, frame and follow the subject;
renders finished clips with captions, overlays and effects that you can edit; and
optionally publishes finished clips to social accounts you have connected.

We may change, add to or withdraw features at any time. We are building this product actively, and some features are experimental.

3. Eligibility and your account

You must be at least 16 years old to use the Service, and old enough to enter a binding contract where you live. If you are under the age of majority in your jurisdiction, you may only use the Service with the involvement of a parent or guardian who accepts these Terms.

You are responsible for everything that happens under your account. Keep your password secret, use a strong one, and tell us promptly at support@kondense.app if you believe your account has been accessed by someone else.

Give us accurate registration details and keep them current. One person or organisation may not run multiple free accounts to obtain more free usage than a single account allows; we may close accounts that do.

The free trial is for new customers, one per person. We decide which accounts get it: an account we reasonably believe belongs to someone who has already had it, including through an account since deleted, or that was opened to get it again, starts without it. If you think we have got that wrong, write to us at support@kondense.app.

The free trial keeps each project for 30 days from when it is made, then deletes it with its clips, exports and video. We email you a week before. Choosing a plan before then keeps your projects.

We may require you to verify your email address before you can use the Service, and we may decline or close any account at our discretion.

4. Plans, credits and billing

Subscriptions

Paid plans are sold as recurring subscriptions, billed in advance in US dollars, monthly or annually. A subscription to the weekly Lite plan, which is no longer sold, is billed weekly until it ends. Your subscription renews automatically at the end of each billing period, at the then-current price, until you cancel.

Payments are handled by Stripe. We do not receive or store your full card number. By subscribing you authorise recurring charges to your chosen payment method.

Credits

Plans include an allowance of processing credits, measured in minutes of source video. Credits have no cash value, cannot be transferred or redeemed for money, and are consumed when processing begins — not when you are happy with the result.

Plan minutes are granted every month, on annual plans too, and each month’s minutes last two months: what you have not used by your next monthly grant carries over for one more month, then expires. On the weekly Lite plan, which is no longer sold, the same happens by the week: minutes are granted every week, and each week’s last two weeks. Plan minutes left when your plan ends stay usable until they expire, unless we withdraw a complimentary plan, which takes its minutes with it.

Top-up minutes you buy, and extra minutes we give you, expire 12 months after you receive them. They are used only once your plan minutes run out, so top-up minutes you never need can expire unused. They stay in your account if you change or cancel your plan.

Within each kind, the minutes that expire soonest are used first. If you upgrade, you get a prorated share of the larger allowance straight away, lasting as long as that month’s minutes. If you switch to a different billing period, the new plan’s minutes replace those of the current month, or of the current week on the weekly Lite plan, and minutes carried over from before stay. If you downgrade, the smaller allowance starts at your next renewal. The free trial’s minutes do not carry into a paid plan. If you delete your account, any minutes left in it are lost.

Processing a video consumes credits even if you dislike the clips it produces. A failed run caused by a fault on our side does not consume credits, and where it has, contact us and we will restore them.

Changes, cancellation and refunds

You can change or cancel your plan at any time from your account settings. Cancellation takes effect at the end of the current billing period; you keep access until then. Upgrades take effect immediately and are prorated.

Except where the law gives you a right to a refund that cannot be excluded, fees already paid are non-refundable, and we do not refund partly used billing periods.

We may change our prices. If we increase the price of your plan, we will tell you before it applies to you, and the change will take effect at your next renewal. If you do not accept it, cancel before that renewal.

You are responsible for any taxes on your purchase other than taxes on our income. If a payment fails or is charged back, we may suspend your account until it is resolved.

5. Your content stays yours

"Your Content" means everything you bring to the Service or create with it: the videos you upload, the videos we retrieve from links you give us, images and overlays you add, transcripts, captions, titles, descriptions, style settings, and the clips the Service renders for you.

As between you and us, Your Content is yours. We claim no ownership of it, and nothing in these Terms transfers ownership to us.

The permission you give us

To run the Service we need permission to handle Your Content. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit, transcode, analyse, reformat and display Your Content, and to create clips and other derivatives from it — to provide the Service to you, to keep it secure and working, and to develop and improve it as described below.

This licence extends to the service providers listed in our Privacy Policy, because they perform parts of the processing for us. It ends when you delete the content or your account — except for copies retained in backups for the period described in the Privacy Policy, for any clip you chose to publish to a third-party platform, which is then governed by that platform, and for model training already carried out under the next heading.

Improving the Service, and training our models

Kondense runs its own analysis models: the ones that decide where to crop, who is speaking, where a shot changes, and which moments are worth clipping. We may use Your Content, including video frames and transcripts, to develop, train, test and improve those models and the rest of the Service.

If you are on a paid plan you can opt out of this under Settings → Privacy. Free accounts contribute to training; it is part of what keeps the free tier free. The Privacy Policy explains how this works, what it means for deletion, and your right to object if you are in the UK or the EEA.

We never sell Your Content, license it to anyone else, release it as a dataset, or publish it. Training is for Kondense’s own models, on our own infrastructure — not for anyone else’s.

6. The promises you make about the content you bring

This section is the heart of this agreement. Kondense is a tool you point at a video. We have no way of knowing whether you are entitled to use that video, and we rely entirely on your word that you are.

What you promise

Every time you upload a file, paste a link, add an image or overlay, or start a project, you represent and warrant to us that:

you own all rights in that content; or you are acting for the owner — as their employee, agent, client-side representative or licensee — and you have the owner’s permission to use it in this way and to grant the licence in section 5;
the content, and the clips made from it, do not and will not infringe anyone’s copyright, trade mark, patent, trade secret, moral rights, rights of privacy or rights of publicity;
you have obtained every consent and release that the law where you are requires from the people who appear, speak or perform in the content, including for the clips to be published on social platforms;
any music, footage, images, fonts, logos or other third-party material in the content is licensed for this use, and your licence covers making short derivative clips and publishing them;
retrieving the content and using it this way does not breach any contract, platform terms, or confidentiality obligation that applies to you; and
the content is lawful, and is not any of the things listed in section 8.

We do not check, and we are not responsible for your content

We do not pre-screen, review, verify or police Your Content, and we have no practical means of establishing who owns a video. Processing a video is an automated act carried out on your instruction. It is not a review of your rights, it is not our endorsement of your content, and it is not a representation by us that you are entitled to use it.

If you use content you do not own and do not have permission to use, that is your act and your responsibility alone. We are not liable for it, and under section 15 you will cover the cost to us of any claim that results from it.

Videos you import from other platforms

The Service can retrieve a video from a link you give us, including links to YouTube, Twitch and Vimeo. When you paste a link you are instructing us to fetch that specific video on your behalf and for your use. You are solely responsible for ensuring that doing so is permitted — both by the person who owns the video and by the terms of the platform hosting it.

Many platforms restrict or prohibit downloading content from them. Those terms are an agreement between you and that platform, and we are not a party to it. Do not paste a link to a video you do not own or control. If you do, you are breaching these Terms, and any consequence from the platform or the rights holder is yours.

We may refuse, stop or remove any import or project at any time, with or without notice.

7. Clips, AI output and what we do not promise

Parts of the Service use automated and machine-learning systems to select moments, transcribe speech, write titles and descriptions, and decide framing. These systems make mistakes.

Transcripts and captions may be wrong. Names, technical terms, figures and speech in noisy audio are frequently misheard. Check anything that matters before you publish it.
Generated titles, descriptions and chapter names may be inaccurate, unsuitable or misleading. They are drafts. You are the publisher, and you are responsible for what you post.
Clip selection is a judgement call made by software. We do not promise it will pick the best moments, or moments you would have picked.
Output is not unique. Similar input can produce similar output for different customers, and we cannot promise that any generated text is original or free of third-party rights.
We do not promise any result. Nothing we say about the Service is a promise of views, engagement, reach, followers, revenue or that any clip will perform well anywhere.

You are responsible for reviewing every clip before you publish it, and for complying with the disclosure rules of any platform you publish to, including rules about AI-assisted or synthetic content.

8. Acceptable use

You must not use the Service to create, process, store or publish content that:

infringes anyone’s intellectual property or other rights;
sexualises minors, or depicts child sexual abuse in any form;
is non-consensual intimate imagery, or sexual content involving anyone who has not consented;
is pornographic or otherwise sexually explicit;
harasses, threatens, defames, or incites violence or hatred against a person or group;
depicts a real person saying or doing something they did not, in a way designed to deceive — including deepfakes, synthetic endorsements and fabricated statements;
promotes terrorism or violent extremism;
is fraudulent, deceptive, or part of a scam, phishing or impersonation scheme;
breaches privacy law, or exposes someone’s personal information without a lawful basis; or
is otherwise unlawful where you are or where it will be published.

You must also not:

resell, sublicense or provide the Service to third parties as your own, or run a competing clipping service on top of it;
reverse engineer, decompile or attempt to extract our models, prompts, weights or source code;
scrape the Service, or access it by any automated means other than interfaces we provide;
circumvent credit limits, plan limits, rate limits, paywalls or access controls, including by creating multiple accounts;
probe, load-test or attack our infrastructure, or interfere with anyone else’s use of it; or
use the Service to build a machine-learning model, dataset or benchmark.

We may investigate suspected breaches, and we may remove content, suspend processing or close accounts in response.

9. Copyright complaints

If you believe content on the Service infringes your copyright, email support@kondense.app with the subject line "Copyright notice", and include:

your name, postal address, telephone number and email address;
identification of the work you say has been infringed;
identification of the material you say is infringing, with enough detail for us to find it — a URL is best;
a statement that you believe in good faith that the use is not authorised by the copyright owner, its agent or the law;
a statement that the information in your notice is accurate, and that you are the copyright owner or authorised to act for them; and
your physical or electronic signature.

We will review valid notices and may remove the material, disable the project or suspend the account responsible. If your material was removed and you believe that was a mistake, reply to us with a counter-notice setting out why.

Repeat infringers: we terminate, without refund, the accounts of users who repeatedly infringe the rights of others.

11. Availability and changes

We aim to keep the Service available, but we do not promise it will be uninterrupted or error-free. We may suspend it for maintenance, upgrades, security or reasons outside our control. We do not offer a service-level agreement.

Features marked as beta, preview or experimental are provided for evaluation, may change or disappear without notice, and may be less reliable than the rest of the Service.

Keep your own copies of anything you care about. Rendered exports are deleted 30 days after they are produced, projects on the free trial 30 days after they are made, and we are not a backup or archive service. We are not liable for content that is lost, deleted or corrupted.

12. Suspension and termination

You can stop using the Service at any time, and you can delete your account from your settings.

We may suspend or terminate your access, with or without notice, if we reasonably believe you have breached these Terms — in particular section 6 or section 8 — if your payment fails, if we are required to by law, or if your use puts the Service, us or other users at risk.

When your account ends, your right to use the Service ends immediately, and we will handle your data as set out in the Privacy Policy. Terminating for breach does not entitle you to a refund. Sections 5, 6, 13, 14, 15, 17 and 18 survive termination.

13. Disclaimers

To the fullest extent the law allows, the Service is provided "as is" and "as available", and we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy and quiet enjoyment.

We do not warrant that the Service will meet your requirements, that clips will be accurate or suitable for publication, that output will be free of third-party rights, or that defects will be corrected.

Some jurisdictions do not allow the exclusion of certain warranties, and some consumer protection laws — including in Canada, the United Kingdom, the European Union and Australia — give you rights that cannot be excluded. Nothing in these Terms limits those rights, and where they apply, this section applies only so far as the law permits.

14. Limitation of liability

To the fullest extent the law allows, we are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost data, lost goodwill, business interruption, or the cost of substitute services — however caused, and even if we were told such damages were possible.

Our total liability to you for all claims arising out of or relating to the Service or these Terms is limited to the greater of (a) the amount you paid us in the twelve months before the event giving rise to the claim, or (b) US$100.

In particular, and without limiting section 6, we are not liable for any claim, loss, penalty or platform action arising from content you did not have the right to use.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or under non-excludable consumer guarantees.

15. Your indemnity

You will defend, indemnify and hold harmless Kondense, its operator, and its employees, contractors and suppliers from and against any claim, demand, proceeding, loss, liability, damage, fine, penalty, cost and expense (including reasonable legal fees) arising out of or connected with:

Your Content, including any claim that it — or a clip made from it, or its publication — infringes or misappropriates someone’s intellectual property, privacy, publicity or other rights;
your breach of the promises in section 6, including where you did not in fact own or have permission to use a video you brought to the Service;
your use of the Service in breach of section 8 or of any law; and
your breach of any third-party platform’s terms, including by importing or publishing content.

We will notify you of any claim we seek indemnity for and may, at our option, take over its defence at your expense. You may not settle a claim in a way that imposes any obligation or admission on us without our written consent.

16. Third-party services

The Service depends on third parties — payment processing, cloud hosting, transcription, text generation, email delivery and the social platforms you connect. Their availability and behaviour are outside our control, and interruptions or changes on their side may affect the Service.

Links from the Service to other websites are provided for convenience. We do not control them and are not responsible for their content or practices.

Third-party assets in your clips

The emoji you can place on a caption are third-party artwork, used under their own licences. The animated set is Noto Animated Emoji by Google, licensed under CC BY 4.0; the still Google set is Noto Emoji, licensed under Apache 2.0; the Twitter set is Twemoji, licensed under CC BY 4.0. This notice is the attribution those licences ask for, and it covers the clips you export with them.

17. Governing law and disputes

These Terms are governed by the laws of the Province of Nova Scotia and the federal laws of Canada that apply there, without regard to conflict-of-laws rules.

You and we agree to the exclusive jurisdiction of the courts of Nova Scotia, Canada, for any dispute arising out of or relating to these Terms or the Service — except that either of us may seek injunctive relief in any court of competent jurisdiction to protect intellectual property or confidential information.

If you are a consumer, this section does not deprive you of the protection of the mandatory laws of the country where you live, or of your right to bring proceedings in your local courts where the law gives you that right.

Before starting formal proceedings, please contact us at support@kondense.app so we can try to resolve the matter directly.

18. Changes to these Terms

We may update these Terms as the Service develops or the law changes. When we do, we will change the date at the top of this page. If a change is material, we will give you reasonable notice — by email or in the app — before it takes effect.

Continuing to use the Service after a change takes effect means you accept the revised Terms. If you do not accept them, stop using the Service and cancel your subscription.

19. General

Entire agreement. These Terms and the Privacy Policy are the whole agreement between us about the Service, and replace anything said before.
Severability. If part of these Terms is held unenforceable, the rest stays in force and that part is limited to the minimum extent necessary.
No waiver. If we do not enforce a right, we have not waived it.
Assignment. You may not assign these Terms without our consent. We may assign them to an affiliate or in connection with a merger, acquisition or sale of assets — including to the Canadian company that will take over operation of Kondense.
Force majeure. Neither of us is liable for failure to perform caused by events beyond our reasonable control.
No agency. Nothing here creates a partnership, employment or agency relationship between us.
Language. These Terms are drawn up in English. Les parties ont exigé que la présente convention soit rédigée en anglais.

20. Contact

Questions, notices and copyright complaints go to support@kondense.app.

Simon Chawla, carrying on business as Littlefoot Digital

242 Bryanston, Lucasville NS B4B 0N2, Canada