Frequently Asked Questions – contracting for the Seenit Platform
1. What is the Seenit Platform?
The Seenit Platform is a cloud based content submission (by individual contributors) and editing platform (by the Customer), which enables Customers to run projects where contributors can submit content (video or photos) to the Customer’s project page, and which the Customer can then edit and use.
Seenit can also provide video editing services via our team of video editors to help create professionally produced content.
The Seenit platform enables a Customer to set their own terms of submission for the content so that they can use the platform in the manner that suits them e.g. for internal employee video submissions, for external users as part of a Customer engagement strategy etc.
2. How does the Customer access the Seenit Platform?
The Customer is provided with a set number of accounts based on the license fee. The platform is then accessed from the www.studio.seenit.io.
3. How does Seenit contract with its Customers?
Seenits’ contract documents are available at [link]. The contract consists of an order form which specifies the commercial aspect of the contract, and separate terms and conditions. The platform is provided on an as is basis, with guarantees over the specification and performance, and therefore the contractual language is straight forward to reflect a cloud-based platform. We contract with Customer using our cloud platform contract terms rather than generic goods and services terms from a Customer as they are not fit for purpose for a cloud-based platform.
4. How does Seenit support the Customer during the license period?
Each Enterprise customer is designated with a Seenit Customer Success Manager, who will help the Customer understand how to use the platform and also assist with idea generation for how the Customer may wish to use the platform.
5. What are the main contractual terms?
The main contractual terms are:
- Term – an initial fixed period, which then automatically renews for additional 12-month periods unless either party gives 60 days’ notice to terminate prior to the renewal.
- Fees – annual license fee calculated on the number of user accounts.
- Data Processing – Seenit acts as a data processor for the Customer.
- Limitation of liability – the parties’ liability is limited to a % of the annual license fee.
- License – the platform is licensed to the Customer only and for its own use. The Customer cannot resell the license or use Seenit for the benefit of the Customer’s own clients.
- Content warranty – the Customer provides Seenit with a warranty that any content it uploads, or users upload to a project page, will not infringe third party rights.
- Platform warranty – Seenit provides the Customer with a warranty that the code of the platform will not infringe third party rights.
6. How can the contractual terms be varied?
The Order Form contains a section for the parties to agree additional or revised terms to supersede the terms and conditions.
7. What is the data processing relationship between Seenit and its Customer?
Seenit acts as a data processor for the Customer in relation to the personal data submitted by users to the Customer’s project pages. The order form contains the nature and type of personal data that will be processed, and the terms and conditions contain GDPR data processing clauses.
8. Do individual contributors need to set up an account?
Yes. Contributors need to setup an account which includes providing their name and email address. They are then directed to the Projects page where they submit an ID number to ‘Join a new project’ and upload their content.
9. Do individual contributors need to accept any terms of use or privacy policy?
Yes. On a project page Seenits’ standard / minimum terms of use and privacy policy apply for the submission of content by a user. The terms and privacy policy enable Seenit to receive the content and make it available to the Customer for editing and further (limited) use.
10. Can the Customer change the terms of use or privacy policy?
Yes, and we recommend that a Customer puts in place its own terms of use to ensure that it has all necessary rights and permissions to use submitted content for its intended purpose. You can add your own terms and privacy policy as part of the project set up page.
We do not have control over how you may want to use content submitted on a content page, and so it’s important that you set out any terms that you want to apply to how you may use the content e.g. in an advertising campaign, in a TV advert, or just for internal use.
11. Who is responsible for getting and evidencing content clearance?
It is the Customer’s responsibility to get and evidence content clearance. Seenit provides the tools for a user to submit content to a Customer’s project page. It is for the Customer to identify e.g. if a performance release is needed, or if specific terms of use are required for a user to accept prior to uploading content.
12. How is personal data removed?
A Customer can remove content from a project page, but it will be deleted permanently by Seenit in line with an agreed deletion policy.