The party, Viwom Video Marketing SL (hereinafter VIWOM), registered at and with place of business in calle Marqués de Murrieta 16 Ent -Oficina 8 26005 - Logroño, La Rioja Spain, tax number B26510826, single member Limited Liability Company formed in Logrono in the presence of the notary D. Victor Manuel de Luna Cubero, listed in the Logroño Register, in Volume 768, Book 0, sheet 219, Section 8, Page LO 15697 The contracting party, natural or legal person (hereinafter the Customer), who enters into this contract, which appears on www.viwomail.com, after understanding the service features provided, knows, understands and freely accepts the Terms and Conditions. Both parties are interested in entering into this contract by accepting the terms and conditions set forth in the following clauses.
Clauses
Viwom: a company dedicated to providing online services, specializing primarily in the use of video as a marketing tool, and the distribution of these videos via email. Customer: any private or legal individual who completes the application form and selects any of services offered by Viwom. Viwomail: A tool consisting of a polymorphic code developed by Viwom that allows the user to embed a video in emails and create video email marketing campaigns. It also senses technology used by the recipient of the video email marketing, showing the video in the correct format. Lastly, it allows management and statistical measurement of the marketing campaigns. Video email marketing: Innovative email marketing campaigns; these campaigns help incorporate videos in emails for users to play at their discretion. Video playback or viewing: the act of displaying a video over any type of player as either an email account, a browser or a video player. Viwomail campaigns: this is email marketing with embedded Viwomail video that uses Viwomail technology to send to multiple recipients. Username and password: Users need to have access details to the platform composed of a user ID and password to verify their identity. Both the username and password are personal to each customer and cannot be shared, communicated or published. Viwomail platform: VIWOM finds this name appropriate for its web application that enables its customers to access information on VIWOM and VIWOMAIL, video email campaigns marketing and display their statistics, among other features. Customer area: The private area on the Viwomail platform. To access the customer area, a username and password are required. ‘Call to action’ buttons: these built-in campaign buttons allow recipients to directly carry out a certain action (registration, buying a product, etc.). Recipient: The video email marketing campaign recipient. Pack: Set of tools and/or services VIWOMAIL customers can purchase for Viwomail campaigns.
2.1.- This contract is to regulate the terms and conditions under which the customer accesses Viwom's Viwomail service as well as determine the customer's payment method.
2.2.- This document together with any additional information related to the contract is published on the www.viwomail.com website, including a unitary contract binding all parties. This technology, registered under the trademark 'Viwomail' (working on video mail), allows users to create email marketing campaigns with embedded videos. Hereinafter, email marketing campaigns that use this technology shall be referred to as 'Viwomail campaigns' Viwom also provides servers required for large Viwomail campaigns, which may create large spikes in data traffic due to videos, as well as appropriate security measures to protect information.
3.1.- Viwomail technology allows the incorporation of a video in the body of an email using a polymorphic code that detects the conditions of each video to be delivered depending on the technology each recipient is using. It is a technology that facilitates email marketing campaigns with embedded videos and whose main objective is to reach each of the recipients selected by the customer directly through email. Viwomail is compatible with all devices, operating systems and modern email providers. When a video email campaign is carried out, a high percentage of users will see the video directly in their email, another group of users will see a video without sound (an animated GIF) and then by clicking on the video sound will appear on a landing page. A small group will see a static image with a 'play' button which when clicked on allows the user to see the video on their web browser. Viwomail detects what technology the user has in order to show the video in the best possible conditions. In some cases, and depending on the user's device and email provider, videos can be played back automatically when opening the email. In these scenarios, the user can configure whether to auto play the video or not. Should the user not select auto play, the user must click on the video for it to start playing. This feature is set while creating the marketing campaign. While creating the marketing campaign, the user can choose if the video is to be displayed with audio or without audio by clicking on the ‘mute’ button, and if the video is to be played on a loop or not, by clicking on the ‘loop’ button.
3.2.- Viwom provides servers and technology for hosting videos and images needed for large Viwomail campaigns along with adequate security measures for data protection. Viwom's server infrastructure is capable of supporting a high degree of user's watching video campaigns even from different locations worldwide. In the payment plans, video are stored in special high-speed data servers. We would like to inform the customer that videos, animated GIFs and poster for Viwomail video campaigns are stored on a domain property of Viwom during the campaign creation, after which they will be provided to each device and recipient.
3.3.- Viwomail email marketing campaigns are similar to traditional campaigns except they incorporate a video in the user's email. For proper use of the system, it is necessary to remember and carry out the following:
• Video production and design of the campaign is the sole responsibility of the customer who will produce the campaign in accordance with their marketing goals and means they deem appropriate.
• The customer or whoever is appointed on behalf of the campaign should have basic knowledge of HTML. • The customer will upload their intended video campaign to the Viwomail platform and follow the steps to complete the process of creating a Viwomail campaign.
• The customer is free to incorporate into their design as many links to external sites, 'call to action' buttons or calls and other features they consider appropriate.
• Once the process of creating a Viwomail campaign is completed, the customer agrees to not modify the HTML file code downloaded to launch their campaign. If the user does alter the file, Viwom is not responsible for any errors or inconsistencies that may occur in the Viwomail delivery.
• In order to carry out a campaign it is necessary to send the Viwomail to a mailing list of recipients belonging to a campaign. This mailing list will remain the property of the customer and Viwom shall have no responsibility for the mailing list, since the user will carry out the mailings.
• After the process of creating the campaign is finished and payment has been made, the customer may download the template to send in HTML format appropriately configured for videos and images to load into the appropriate format for each customer. There is no additional data traffic for mailings through the HTML template, as images and/or videos are not sent, but are loaded from the Viwom server and directly to the user's device at the time of opening their email.
3.4 Video format: The customer can upload their videos to the Viwomail platform in most formats, although preferably in AVI, FLV, MOV or MP4 formats and in the best quality available, if possible in FULL HD 1080. There is a time and capacity limit on videos depending on which plan the customer has purchased. If the user tries to upload a video surpassing one or both of these limits, the platform will show an error message. Viwomail will carry out the automatic conversion of all videos into the necessary formats and standards to be used in Viwomail Video Campaigns for any recipient depending on their device, operating system or email provider.
3.5 The Viwomail platform allows for campaign surveys and statistics. The statistical data available is:
• Number of Viwomail openings: the number of times a Viwomail has been opened on target devices. If one recipient opens the same Viwomail twice then two openings are counted, unless its system has saved the Viwomail to its cache memory, in which case only one count is registered.
• Number of video views: the number of times the video has been played on the recipients' devices. If a user plays the video twice, two video views are counted, unless the video has been saved to the user’s device cache memory.
• Time and date: statistical data is displayed in date and time slots. Statistical data provided by Viwom is not related to any email address, but simply general statistical data the customer may wish to consult on the Viwomail platform.
3.6 The customer can access the 'customer area' using their username and password to manage Viwomail campaigns, purchase new plans or additional services, access invoices and campaign statistics. The customer is solely responsible for their customer area username and password. These user details allow Viwom to authenticate the user and facilitate access to the customer area. The use and communication of such identification data, including to third parties, is the sole responsibility of the customer.
3.7 Whenever a video is requested from the Viwomail servers it is counted as video playback, whether it is played within the body of the email or on the video landing page generated by Viwomail. When the video preview in GIF format is shown it is not counted as a video playback.
3.8 When the video reproduction balance has reached 80%, the system sends the customer an email alerting them and recommending the purchase of a pack with additional video reproduction to continue showing videos in their campaigns. Upon reaching 100% the customer will receive another email alerting them that they have spent all of their video reproduction balance.
3.9 The technical features included in each Viwomail plan, as mentioned above, such as the price for each pack, are clearly outlined on http://www.viwomail.com and explicitly set out in Annex I of this contract.
4.1 This contract becomes effective on the date of its execution, i.e. when the customer completes their purchase and is able to access their customer area, after receiving indications on how to access their customer area and verification e-mail.
4.2 Campaigns are always enabled so long as the user's video counter has a positive balance. If the plan is not renewed within a period of two months, starting from the new renewal date, video playback and other services not consumed will be lost due to termination of the user’s plan.
4.3 The customer may disable a campaign voluntarily from their customer area. If a campaign is disabled, videos will no longer be shown; instead an alternative image will be displayed.
4.4 If the customer cancels their plan they can no longer create more campaigns, although access to the customer area will be permitted for 2 months thereafter. After this time, the account will be deleted and all data along with it; videos will no longer appear. The unspent purchased services upon cancellation will not be subject to financial compensation.
5.1 Membership to Viwomail Plans and access to the customer service area related to the purchased plan is free. Membership can be carried out through A) a direct plan purchase and B) by creating an account. If the customer does not chose a payment plan but instead opts for an account allowing access to the customer service area, a free payment plan is automatically assigned by VIWOM and subject to the conditions set forth herein. The customer may cancel the plan at any time.
5.2 For the plan to be available, hence these aforementioned conditions, the customer must always pay in advance the corresponding price to each particular plan or extensions and additional services shown in the Viwomail Platform and/or site www.viwommail.com, listed in Annex I attached to this contract. The prices shown are subject to corresponding taxes. The price for each pack depends on the characteristics and resources chosen by the customer.
5.3 In any case, the customer, as stated on the receipt, is responsible for the payment of invoices even when a third party intervenes on behalf of the customer, therefore the responsibility to provide authentication details to a third party is solely the customer's.
5.3 The customer purchases a plan with a number of monthly video views tallied to a video reproduction counter. When the counter has a positive balance the user will have video views available for displaying their videos in their Viwomail campaigns. If the counter has a balance of zero, videos recipients will not be displayed. Video reproductions not used in one month will be added to the customer's account the following month, provided that the plan has been purchased for a year or, in the case of monthly payment, it has been renewed. Additional video reproductions may be purchased from the customer area, according to current prices published on www.viwomail.com, in accordance to the price plan.
5.4 In case of a plan change, the video reproduction counter and other resources will be readjusted accordingly to the price of each extra video playback and the new plan's resources.
5.5 Payment: payment plans or video reproduction packs, in its first contract or successive renewals, are made in advance through any of the payment methods offered by Viwom for it products, currently through PayPal and by credit card. Payments can be made monthly or annually, as chosen by the customer at time of purchase. Extensions and additional services are not included in the standard plan prices and are payable at time of purchase. Monthly payment plans can be changed to annual payments from the customer area.
5.6 In the event that the customer wishes to make any inquiry or request related to billing and payment of services, they may contact us at info@viwom.com.
5.7 Viwom reserves the right to temporarily suspend a contracted plan in light of any incident experienced during payment collection of services and / or non-payment until the incident has been resolved. If the customer does not proceed with the payment within two months, the service will be deregistered due to non-compliance.
5.8 The fixed prices stipulated on the site and listed in Annex I attached to these conditions may be subject to review and changed by Viwom. However, already paid but not yet consumed services will not be affected by price alterations, only new contracts.
5.9 Customers under Spanish legislation considered to be consumers and users may exercise their right of withdrawal within 14 calendar days from the product purchase. Consumers should take into account the exceptions under Spanish legislation regarding consumers and users' right of withdrawal. To exercise the right of withdrawal, the consumer and user must send a request within a maximum period of 14 calendar days to info@viwom.es. Prior to the cancellation of the purchased service, we will contact the customer to inform them of the services used and return part of the sum equivalent to the services not used.
5.10 Viwom produces electronic receipts made available to the customer at the time of purchase and renewal; the customer may also access these receipts at any time via their customer area. The customer expressly agrees to the billing process conditions. If the customer requests paper bills, Viwom will charge 2€ for costs incurred.
6.1 The customer and Viwom agree to comply with all the terms of this contract applicable to them, acting honestly and in good faith.
6.2 Viwom is committed and strives to offer optimal service in the safest possible way, except in incidents that may occur outside Viwom, in which case Viwom reserves the right to interrupt the service purchased based on technical repairs and maintenance of equipment and for improving its services at customer’s notice prior to such works.
6.3 Viwom cannot guarantee continuous and uninterrupted availability of purchased services due to the possibility of Internet network related issues, computer server failures and other possible and unforeseeable events unrelated to Viwom. Therefore, the customer expressly waves any liability claims to Viwom, contractual or non-contractual, for possible failures, delays or errors in the access to and use of services, notwithstanding existing legislation.
6.4 Part of the service is provided using shared hosting resources therefore by sharing the same machine for customer services technical problems may occur attributable to third parties for which Viwom is not responsible.
6.5 Under no circumstances does Viwom accept responsibility for data loss, business interruption or any other damages produced by the normal operation of products, shall these fall short of the customer’s expectations.
6.6 Viwom is not responsible for: • the content of the videos or the information transmitted to the recipients through Viwomail. • errors caused by access providers. • virus contamination on customers' computers, whose protection lies with the customer. • third party intrusions in products purchased by the customer, even though Viwom has established reasonable security measures. • faulty configuration by the customer. • violation of rights of intellectual property, or any other rights or legitimate interests that may arise from the use of the service purchased by the customer. • actions exclusively attributable to the customer.
6.8 The customer is solely responsible for access to and use of the purchased services. The customer is also solely responsible for the content used in the purchased services, information transmitted and stored, hypertext links from third-party claims and legal actions that may be triggered in relation to intellectual property, personality and protection of minors' rights. The customer is responsible for abiding laws and regulations and rules that deal with the operation of the service, e-commerce, copyrights, maintenance of public order, and universal principles of Internet use. Viwom is not responsible in any way, directly or indirectly, to damage caused directly or indirectly by the customer to third parties.
6.9 By purchasing Viwom products or services the customer agrees to: • Maintain operational, active and updated the e-mail address provided on the contract form for communication with Viwom, since it is our preferred means of communication with Viwom customers. The customer can change their e-mail address by accessing the customer area. Viwom is not responsible if the customer does not update their e-mail address or if there is a malfunction with the email provider resulting in a lack of information • Conserve and diligently use the username and password to access the customer area so Viwom can corroborate the authenticity of the customer or other authorized users. The customer is solely responsible for how their user information is used, including by third parties and authorised users.
Neither party will be liable for breach of its obligations under this contract and therefore, will not be entitled to compensation in the event of a force majeure, as established in current law. If suspension of obligations under such event is superior to two months, the contract may be cancelled at the request of either party.
8.1 The contract ends, in addition to the causes legally established and arranged in the various clauses of this contract, in the case of any of the following: a. Mutual agreement by both parties. b. at the customer's request, so long as they are not in arrears with payments. c. termination for breach of any parts of the obligations under this contract.
8.2 If the customer breach were cause for termination of the contract, as set forth in clause 8.1.c, Viwom reserves the right to terminate in advance the contractual relationship and, therefore, to deprive the customer of the services purchased without notice and deny the customer to compensation or reimbursement of any amount.
8.3 In the event of termination or withdrawal of the contract, for the reasons mentioned above or any others envisaged by law, the customer must fulfil the obligations assumed prior to the resolution of these conditions against Viwom and third parties.
Viwomail templates are powered by a polymorphic computer code developed by our service provider. The Viwom Video Marketing Ltd founders registered this code at the Registry of Intellectual Property. Therefore, it is forbidden to copy, reproduce, transfer to third parties, distribute or improperly use without conceding to the borrower any exploitation rights recognized by current legislation on intellectual property, except those which are strictly necessary for the use of video marketing and for the proper execution of services under this contract. Viwom agrees to not incorporate into the service development and implementation under this agreement, no process, knowledge, information, work or technology that involves the use of any confidential information or trade secrets, industrial design, industrial property and intellectual property of third parties, for whose use has not obtained the proper license or authorization, and can result in legal or any other claims against the user for violation of intellectual property rights.
The Viwom trademarks, trade names or logos are property of Viwomail Video Marketing Ltd. It should be noted that the service provided gives the customer no rights to these trademarks, trade names and/or logos.
10.1. All information or documents provided by either party to the development and execution of this contract shall be deemed confidential and exclusive to both parties and shall not be shared with third parties without prior consent.
10.2 The parties exclude from the confidentiality agreement any information of theirs that is disclosed to third parties, information that becomes public, information that must be disclosed in accordance with the law or a court order or an imperative act by a competent authority and information which is obtained by a third party not under any confidentiality duty.
10.3 This confidentiality agreement lasts up to two years (2) after the completion of this contract.
10.4 Neither party will acquire any rights to any confidential information or other property rights of the other party.
11.1 In accordance with the provisions of Law 15/1999, of 13th December Act, and the supporting Royal Decree, Viwom informs the customer of the policy regarding the processing and protection of personal data, which will apply to those who voluntarily communicate via email with Viwom, fill in forms for data collection, formalize a contractual relationship or use any other available service on the website that result in sharing data with Viwom. By using Viwom services, the customer expresses acceptance of this policy.
Sending an email or another form of communication to Viwom regarding any other personal data by any means implies or involves the provision of free, unequivocal, specific, informed and express consent to the processing of personal data by Viwom, which will be carried out in order to cater to communications received and/or deliver purchased services.
By purchasing Viwom services, data will be processed in order to maintain the contractual relationship that may be established in accordance with the nature and characteristics of the service and solely for that purpose, Viwom will handle customer data for the maintenance of trade relation records during the legally established period.
The ARCO (access, rectification, cancellation and objection) right may be exercised against Viwom by email to info@viwom.com specifically stating this right or sending a written request, along with a copy of a valid ID, to the following address: Calle Marqués de Murrieta No. 16, entreplanta, Oficina 8, Logroño.
11.2 In the trade relations’ framework and for proper provision of services, Viwom can access customer's personal data through their own data processing systems or devices. However, personal data remains the responsibility of the customer, therefore the data shall only be used in accordance with this contract's framework and according to instructions given by the user.
Therefore, Viwom, in its capacity as processing manager under Article 12 of the Act and Article 20 and 82 of the Regulation, shall comply with the following obligations: • To not inform, assign or allow access to personal data, even for safe keeping, to other natural or legal persons, except for employees who, for services purchased, need access to the data. • Therefore, Viwom is obliged, by Article 10 of Law 15/1999 of 13th December on the protection of personal data, to maintain the utmost professional secrecy regarding personal data in order to fulfil the trade relations objective, both during and after termination thereof, while pledging to only use such information for the agreed intended purposes and demand the same level of commitment from anyone within their organization who may participate in any of the data processing stages.• The user, as owner of the data provided may exercise their right to access, rectify, oppose and cancel activity on Viwom.
11.3 Viwom, according to Article 11 of the Act, can perform data transfers or communications to meet their obligations to the government or other bodies, when required by current legislation.
11.4 Viwom uses cookies on its website. Cookies are small files that our computers send to the website's users and automatically collect information about the visitor's IP address, the date and time the visitor enters and leaves the site, and information regarding the different viewed sections of the website.
The customer may not transfer the rights and obligations under this Agreement to third parties without the prior written consent of Viwom. Viwom may transfer its rights, contractual position or obligations to any company.
Viwom reserves the right to modify, in any form, the characteristics and conditions of its services to further improve its service and the clauses in this contract. Therefore, Viwom will either inform the customer with an online notice, on the Viwomail platform or by email. Without prejudice to the provisions of the previous paragraph, Viwom will notify in writing these modifications in the shortest possible time to accommodate the customer, while not affecting the purchased pack or balance.
14.1 Under no circumstances will Viwom managers, senior officials, supervisors, shareholders, agents or workers be liable for any direct or indirect implications resulting from customer use of their purchased service.
14.2 The parties acknowledge that entry into this contract does not imply any representation, delegation, warranties or agreements other than those specifically described therein. Accordingly, all terms, conditions, warranties or other issues involved through agreements or general regulations are explicitly excluded within legal conditions.
If any of the clauses in this contract were to be declared null and void, as a whole or in part by any court or competent authority, the remaining clauses shall remain valid unless, at the parties discretion, decide to terminate the contractual relationship.
16.1 These contractual conditions have been published, accepted and made available to the customer in Spanish and English. However, legal interpretation in cases of conflict will always be handled in Spanish.
16.2 In matters not covered by the terms of this contract, as well as the interpretation and resolution of conflicts that may arise between both parties, Spanish law will be applicable.
16.3 Should any conflict or difference between both parties arise on the interpretation and implementation of the customer contract terms, and cannot be resolved by mutual agreement, it shall be handled by the Arbitration Court's Chamber of Commerce and Industry in La Rioja.
The dispute settlement shall be held in Logroño and shall be conducted in accordance with the provisions of Law 60/2003, of 23rd December, in the Arbitration Court's Chamber of Commerce and Industry in La Rioja. The customer may additionally address their complaints and grievances in advance to Viwom, preferably through email. Viwom will then reply with a complaint identification number and commitment to respond to the customer within a maximum period of one month.
16.4 Both parties can initiate judicial proceedings in the Logroño Courts and Tribunals, expressly waiving their own jurisdiction, where permitted by procedural rules. For consumers or users, Viwom refers to the clauses of the current contract.
|
FREE |
STARTER |
BUSINESS |
ENTERPRISE |
ELITE |
Annual Price |
0€/year |
336€/year |
684€/year |
1188€/year |
2268€/year |
Monthly price |
0€/month |
39€/month |
69€/month |
119€/month |
229€/month |
No. of video impressions |
100 |
2,500/month |
5,000/month |
10,000/month |
25,000/month |
Maximum video length |
90 seconds |
120 seconds |
5 minutes |
10 minutes |
15 minutes |
Create own HTML campaign |
Yes |
Yes |
Yes |
Yes |
Yes |
Statistics |
Yes |
Yes |
Yes |
Yes |
Yes |
Import YouTube videos |
No |
Yes |
Yes |
Yes |
Yes |
High speed servers |
No |
Yes |
Yes |
Yes |
Yes |
Share video on social media |
No |
No |
No |
Yes |
Yes |
Support in under 24 hours |
No |
No |
No |
Yes |
Yes |
Price per extra video impression |
0,0240€/unit |
0,0170€/unit |
0,0120€/unit |
0,0085€/unit |
0,0059€/unit |