These Terms and Conditions apply to the Seenit Order Form. The Order Form takes precedence over these Terms and Conditions.
Together with the Order Form, these Terms and Conditions form the entire agreement (and supersedes any other agreements, purchase orders, proposals, written or not) between Seenit Digital Limited (company number 08838909, registered office at 3rd Floor, 150 Buckingham Palace Road, Belgravia, London, SW1W 9TR) (“us”/”our”/”we”) and the customer detailed on the Order Form (“Customer”/”you”) for the subscription and use of the Seenit Platform, Editing Services, Seenit Media and App (“Agreement”).
In the event of any changes required to these Terms and Conditions, then the parties shall set out the additional terms that are to apply in the Order Form.
Agreed terms
1. Our Services – Subscription to the Seenit Platform
1.1 In consideration of paying the Subscription Fees, and in accordance with the terms of the Order Form, we shall:
(a) provide you with access to the Seenit Platform for the Subscription Period and any Extended Subscription Periods, until expiry or termination of the Agreement in accordance with these Terms and Conditions;
(b) provide training to you to understand how to use the Seenit Platform.
1.2 From time to time, following your request, we may also provide you with Editing Services. We shall set out the scope of the Editing Services in writing (including details of any costs and other terms) for you to approve prior to providing the Editing Services. Our editors shall transfer the copyright in the content they edit to us, and subject to payment of the costs for the Editing Services, we shall assign the copyright to you.
1.3 We reserve the right to modify the Seenit Platform, including the technical infrastructure on which the platform operates, to introduce new functionality and improvements.
2. Your use of the Seenit Platform
2.1 You may use the Seenit Platform as you deem necessary but solely for the purpose of enabling Contributors to submit Content to one of your Project Pages. You may use the Content as you require (subject to licensing terms and applicable laws) in accordance with any licence terms you add to the Project Page.
2.2 The Content may be edited by you within the Seenit Studio, including editing with the Seenit Media, so that you can create Edited Content for your own communication channels, including but not limited to your social media pages, website, intranet, YouTube account etc.
2.3 You agree not to use the Seenit Platform to store, distribute or transmit any material, Content or Edited Content that:
(a) is unlawful, harmful, threatening, defamatory, obscene, harassing or racially or ethnically offensive;
(b) facilitates illegal activity;
(c) depicts sexually explicit images;
(d) promotes unlawful violence, discrimination based on race, gender, age, disability, sexual orientation, religion, belief or gender reassignment, or any other illegal activity; and/or
(e) infringes any third-party intellectual property or other personal or privacy rights.
2.4 You are responsible for the use of the Seenit Platform in accordance with this Agreement, and the Project Pages under your control, including any use by your Contributors (whether fraudulent or invited by you to use the Project Pages).
2.5 You are responsible for ensuring that your employees and other staff use the Seenit Platform in accordance with the terms of this Agreement and your own internal policies.
2.6 You may not resell or relicense the access to or rights to use the Seenit Platform, whether directly or indirectly to any third parties. You may not use the Seenit Platform for any other company or business.
3. Ownership of User Generated Content
3.1 We do not take ownership of any User Generated Content. We keep in place a User Generated Content Licence between ourselves and the Contributors so that we are licenced by a Contributor to, amongst other things, store, edit, modify, copy, download, perform and use the User Generated Content for the purpose of:
(a) making available the Seenit Platform to you;
(b) enabling you to use the Seenit Platform to edit and modify the User Generated Content subject to any restrictions governing model clearances which are the responsibility of a Contributor and/or you; and
(c) to enable you to use the User Generated Content (and any segments or edited versions) on a royalty free, worldwide, perpetual and irrevocable, sublicensable basis.
3.2 We shall obtain a confirmation from Contributors that their Content complies with the Acceptable Use Policy, however, we give no warranty or guarantee that a Contributor has complied with the terms of the Acceptable Use Policy or that their confirmation is true.
3.3 You may enter into additional licenced rights directly with the Contributor to limit or extend the rights granted under the User Generated Content Licence provided that we shall not be limited or prevented from obtaining all necessary rights and permissions we require to store, edit, modify copy, download, perform and use the User Generated Content for the purpose of making available the Seenit Platform to you and to use clips of Edited Videos pursuant to clause 13.
4. Your licence to us
4.1 We do not take any ownership of your Content. You grant us (and our intra group companies) a revocable, sub-licensable, non-transferable, non-exclusive, royalty-free, worldwide limited licence for the term of this Agreement and our data retention period to use, exploit, copy, reproduce, sub-license, modify any content you upload to the Seenit Platform and Edited Content, solely to the extent necessary to enable us to comply with our obligations under this Agreement and to provide the Seenit Platform and its functionality to you.
5. Our right to remove Content, Edited Content and User Generated Content
5.1 Notwithstanding anything to the contrary, we reserve the right to suspend access to, remove and/or delete User Generated Content, Content, Edited Content and any other content on the Seenit Platform:
(a) where a third party alleges the infringement of its intellectual rights, or privacy or other personal rights;
(b) where we are subject to a court order requiring its removal;
(c) where it is contrary to the Acceptable Use Policy.
6. How we process personal data
6.1 The Seenit Platform, the Content and Edited Content are hosted by us on third party servers. Content and Edited Content will likely contain personal data in relation to Subject/s (the “Subject Personal Data”) which we therefore will store, copy and make available to you, and as you choose to access, as part of receiving the Services. We will also process personal data in relation to Contributors and Editor Contributors including but not limited to name, email address, login details and profile photo (the “Contributor Personal Data”).
6.2 Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause 6 is in addition to, and does not relieve, remove or replace, a party’s obligations or rights under the Data Protection Legislation.
6.3 Both you and we acknowledge that:
(a) for the purposes of the Data Protection Legislation, if we process any Subject Personal Data on your behalf when making the Seenit Platform available to you, then you are the Controller and we are the Processor in relation to such Subject Personal Data;
(b) for the purposes of the Data Protection Legislation, if we process any Subject Personal Data on behalf of a Contributor when making the Seenit Platform available to a Contributor, then the Contributor is the Controller, and we are the Processor;
(c) the Data Processing Particulars in the Order Form sets out the scope, nature and purpose of processing by us, the duration of the processing and the types of personal data and categories of data subject;
(d) the Subject Personal Data may be transferred or stored outside the EEA or the country where you are located in order to carry out the Services and our other obligations under this agreement as set out in the Order Form.
6.4 Both you and we acknowledge that, for the purposes of the Data Protection Legislation, when we process Contributor Personal Data, we are doing so as separate controller and we will comply with the applicable requirements under the Data Protection Legislation in respect of such Contributor Personal Data.
6.5 You shall ensure you have all necessary permissions, consents and lawful basis and comply with applicable Data Protection Legislation in processing the Subject Personal Data and in particular that you have the necessary consents to process any special categories of personal data.
6.6 Without prejudice to the generality of clause 6.1, where we act as a data processor to you, then we shall, in relation to the Subject Personal Data:
(a) process that Subject Personal Data only on your documented written instructions (which are to process the Subject Personal Data in order to perform the services under this Agreement and in accordance with the Data Processing Particulars in the Order Form) unless we are required by Data Protection Legislation to process personal data. Where we are relying on Data Protection Legislation as the basis for processing personal data, we shall promptly notify you of this before performing the processing required unless Data Protection Legislation prohibits us from notifying you;
(b) ensure that we have in place appropriate technical and organisational measures, which we shall regularly review, to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting personal data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to personal data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it).
(c) not transfer any Subject Personal Data outside of the UK unless appropriate safeguards in relation to the transfer have been put in place;
(d) assist you in responding to any request from a data subject in respect of Subject Personal Data and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
(e) notify you without undue delay on becoming aware of a personal data breach (not less than 48 working hours of becoming aware);
(f) at your written direction, delete or return personal data and copies thereof to you within 90 days of termination of the agreement unless required by Applicable Law to store the personal data; and
(g) maintain complete and accurate records and information to demonstrate its compliance with this clause 6 and immediately inform you if, in our opinion, an instruction infringes the Data Protection Legislation.
6.7 You consent to us appointing the third parties set out in the Order Form as a third-party processor of personal data under this agreement. We confirm that we have entered or (as the case may be) will enter with the third-party processor into a written agreement substantially on that third party’s standard terms of business or containing the model clauses and in either case which we confirm reflects and will continue to reflect the requirements of the Data Protection Legislation. As between you and us, we shall remain fully liable for all acts or omissions of any third-party processor appointed by it pursuant to this clause 6.
6.8 Either party may, at any time on not less than 30 days’ notice, revise this clause 6 by replacing it with any applicable controller to processor standard clauses or similar terms forming part of an applicable certification scheme (which shall apply when replaced by attachment to this agreement) or which may form part of the United Kingdom’s divergent laws applying to the processing of personal data after its exit of the European Union.
6.9 We will follow our archiving and security procedures for Customer Data as set out in our data retention policy, available at https://www.seenit.io/legal/privacy-policy/. We will delete Subject Personal Data 90 days after termination and you can request access to this data for download during this period.
6.10 We will promptly notify you in writing of any actual or suspected loss or damage to the Subject Personal Data. In the event of any loss or damage to Subject Personal Data, your sole and exclusive remedy shall be for us to use reasonable commercial endeavours to restore the lost or damaged Subject Personal Data from the latest backup of such Subject Personal Data which is maintained by us in accordance with the archiving procedure set out at https://www.seenit.io/legal/privacy-policy/. We shall not be responsible for any loss, destruction, alteration or unauthorised access to, or disclosure of Subject Personal Data caused by any third party (except those third parties sub-contracted by us to perform services related to Subject Personal Data maintenance and back-up). This clause 6.10 is without prejudice to the generality of clause 6.1.
7. Our obligations to you
7.1 We guarantee that the Seenit Platform will be perform substantially in accordance with the Seenit Platform Specification. This guarantee shall not apply to the extent of any non-conformance that is caused by use of the Seenit Platform which is contrary to our written instructions or any event of force majeure.
7.2 If the Services do not conform with the guarantee in clause 7.1, we will, at our expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide you with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes your sole and exclusive remedy for any breach of the undertaking in clause 7.1.
7.3 Notwithstanding the above clause, we do not warrant that your use of the Seenit Platform shall be uninterrupted or error-free.
7.4 This Agreement shall not prevent us from entering into similar agreements with third parties, or from independently developing, using, selling or licensing materials, products or services that are similar to those provided under this agreement.
8. Your obligations to us
You shall:
(a) provide us with access to your account team, which shall initially consist of the individuals listed in the Order Form;
(b) comply with all applicable laws and regulations with respect to your activities under this Agreement and your use of the Seenit Platform;
(c) keep your Seenit Platform account password and login details secure;
(d) not allow any other party to access or use the Seenit Platform under your account.
9. About the security of the Seenit Platform
9.1 We shall:
(a) ensure at all times that appropriate safety and security systems, policies and procedures are maintained and enforced to prevent unauthorised access or damage to, and to ensure the business continuity of, the Seenit Platform and the Customer Data, in accordance with good industry practice and our technical document (as may be updated from time to time) and currently available at [link];
(b) ensure that the Seenit Platform is designed, maintained and upgraded at all times so as to mitigate against unauthorised access or damage.
(c) notify you as soon as we are aware (during office hours and in any event not less than 48 hours) after we become aware of any incident relating to unauthorised access;
(d) respond without delay to all queries and requests for information from you about any data incident, whether discovered by us or you;
(e) promptly cooperate with any request for information made in respect of: (i) any Incident or (ii) any requests for information, or inspection, made by a regulator with competent jurisdiction in your industry sector.
10. Warranties
10.1 You warrant, represent and undertake that:
(a) you have full capacity and authority to enter into and perform this Agreement and that this Agreement is executed by your duly authorised representative;
(b) you have the authority to grant any rights to be granted to us under this Agreement;
(c) you shall comply with and use the Seenit Platform in accordance with the terms of this Agreement and all applicable laws, and shall not do any act that shall infringe the rights of any third party including the publishing or transmission of any materials contrary to relevant laws or in breach of the Acceptable Use Policy;
(d) you own or have obtained valid licences, consents, permissions and rights to use, and where necessary to license to us, any content you upload to the Seenit Platform; and
(e) our possession and use in accordance with this Agreement of any content (including third-party content) uploaded by you to the Seenit Platform shall not cause us to infringe the rights, including any Intellectual Property Rights, of a third party.
10.2 We warrant, represent and undertake that:
(a) we have the full capacity and authority to enter into and perform this Agreement and that this Agreement is executed by a duly authorised representative;
(b) we will comply with all applicable laws and regulations in performing our obligations under this Agreement; and
(c) your possession and use in accordance with this Agreement of any Seenit Media shall not cause you to infringe the rights, including any Intellectual Property Rights, of any third party.
11. Charges and payment
11.1 You shall pay the fees as set out in the Order Form without set off or deduction, and, unless stated otherwise on the Order Form, all invoices shall be paid within thirty (30) days of the invoice date.
11.2 All amounts and fees stated or referred to in this agreement are exclusive of value added tax, which shall be added to Our invoice(s) at the appropriate rate.
11.3 If you fail to make any payment due to us under this Agreement by the due date for payment, then, without limiting our remedies under clause 16, we may suspend access to the Seenit Platform whilst still invoicing for all future amounts. Where we recover any unpaid sum through legal action then we shall be entitled to include interest as part of the sums owed by you and calculated at 3% per annum over the Bank of England Base Rate. You shall pay the interest together with the overdue amount.
11.4 Seenit may increase the fees at the end of the Subscription Period and each Extended Subscription Period on 120 days’ notice.
12. Ownership of the Seenit Platform, App and Seenit Media
12.1 You acknowledge and agree that, as between you and us, we and/or its licensors own all Intellectual Property Rights in the Seenit Platform, App, the Seenit Media and in all other materials connected with the Services provided by us and/or developed or produced in connection with this Agreement by us, our officers, employees, sub-contractors or agents. Except as expressly stated in this Agreement, this Agreement does not grant you any rights to such Intellectual Property Rights.
12.2 In consideration of the payment of all fees under this Agreement, we grant you a perpetual (for the term of this Agreement and thereafter), irrevocable, sub-licensable, non-transferable, non-exclusive, royalty-free, worldwide licence to use, copy, reproduce, distribute, publicly display, publicly perform, sub-license, modify, improve, enhance and make derivative works of) the Seenit Media for use within Edited Content only.
12.3 As part of your subscription, we shall make the App available on the agreed app stores for the duration of this Agreement and use of the App shall be subject to the App end user licence agreement available on the App store.
13. Confidentiality
13.1 The provisions of this clause 13 shall not apply to any Confidential Information that:
(a) is or becomes generally freely available to the public (other than as a result of its disclosure by the receiving party or its representatives in breach of this clause 13);
(b) was available to the receiving party on a non-confidential basis before disclosure by the disclosing party;
(c) was, is or becomes available to the receiving party on a non-confidential basis from a person who, to the receiving party’s knowledge, is not bound by a confidentiality agreement with the disclosing party or otherwise prohibited from disclosing the information to the receiving party;
(d) was known to the receiving party before the information was disclosed to it by the disclosing party;
(e) the parties agree in writing is not confidential or may be disclosed; or
(f) the receiving party proves to the reasonable satisfaction of the disclosing party was developed by or for the receiving party independently of the information disclosed by the disclosing party.
13.2 Each of us shall keep the other party’s Confidential Information confidential and shall not use such Confidential Information except for the purpose of exercising or performing its rights and obligations under this agreement (“Permitted Purpose”) or disclose such Confidential Information in whole or in part to any third party, except as expressly permitted by this clause 13.
13.3 Each of us shall take all reasonable steps to ensure that the other’s Confidential Information to which we may have access is not disclosed or distributed by its representatives in violation of the terms of this Agreement.
13.4 Each of us may disclose the other party’s Confidential Information to representatives who need to know such Confidential Information for the Permitted Purpose, provided that:
(a) it informs such Representatives of the confidential nature of the Confidential Information before disclosure; and
(b) at all times, it is responsible for such Representatives’ compliance with the confidentiality obligations set out in this clause 13.
13.5 Each of us may disclose Confidential Information to the extent such Confidential Information is required to be disclosed by law, by any governmental or other regulatory authority (including any relevant securities exchange) or by a court or other authority of competent jurisdiction provided that, to the extent it is legally permitted to do so, it gives the other party as much notice of such disclosure as possible and, where notice of disclosure is not prohibited and is given in accordance with this clause 13.6, it takes into account the reasonable requests of the other party in relation to the content of such disclosure.
13.6 Each of us reserves all rights in its own Confidential Information. No rights or obligations in respect of a party’s Confidential Information other than those expressly stated in this agreement are granted to the other party or to be implied from this agreement.
13.7 The provisions of this clause 13 shall continue to apply after expiry or termination of this agreement for any reason.
14. Publicity Announcements
14.1 With your prior approval in writing, we may use your approved logo and name on our website and marketing materials to refer factually to you as our customer and to highlight how the Seenit Platform was used.
14.2 With your prior approval in writing, we may put together case studies on how you used the Seenit Platform which may include clips of your Edited Content (which may contain User Generated Content).
15. Limitation of liability
15.1 This clause 15 sets out our entire financial liability (including any liability for the acts or omissions of its employees, agents and sub-contractors) to you in respect of:
(a) any breach of this agreement;
(b) any use made by you of the Services; and
(c) any representation, misrepresentation (whether innocent or negligent), statement or tortious act or omission (including negligence) arising under or in connection with this agreement.
15.2 Except as expressly provided in this agreement:
(a) you assume sole responsibility for results obtained from the use of the Services, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or content provided by you to us in connection with the Services, or any actions we take at your direction; and
(b) all warranties, conditions and other terms implied by statute, common law or otherwise are, to the fullest extent permitted by law, excluded from this agreement.
15.3 Nothing in this agreement excludes or limits our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any other liability which cannot lawfully be excluded or limited.
15.4 Subject to clause 15.3:
(a) we shall not be liable whether in contract, tort (including for negligence or breach of statutory duty), misrepresentation (whether innocent or negligent), restitution or otherwise for (i) any loss of profits, (ii) loss of business, (iii) depletion of goodwill or similar losses, or for any (iv) indirect or consequential loss, costs, damages, charges or expenses however arising; and
(b) Our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation (whether innocent or negligent), restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to 125% of the Fees paid under this Agreement.
16. Term and termination
16.1 The Agreement shall commence on the date set out on the Order Form and shall apply for a minimum three years unless otherwise set out on the Order From (“Subscription Period”) and any Extended Annual Subscription Period pursuant to clause 16.2.
16.2 Unless terminated earlier in accordance with this clause 16 or unless otherwise set out in the Order Form, the Subscription Period shall automatically extend for successive 12-month periods at the end of each current Subscription Period (each additional period being a “Extended Annual Subscription”).
16.3 Either party may terminate the Agreement for convenience on 90 days written notice, where such notice expires at the end of either the Subscription Period or an Extended Annual Subscription Period.
16.4 Without prejudice to any other right or remedy available to it, either party may terminate this Agreement (and therefore the Subscription Period or Extended Annual Subscription) with immediate effect by giving written notice to the other party if:
(a) the other party commits a material breach of any term of this Agreement and (if such breach is remediable) fails to remedy that breach within a period of 30 days after being notified in writing to do so, and material breach shall include a failure to pay any of the fees;
(b) the other party breaches any of the terms of clause 13; or
(c) the other party suspends, or threatens to suspend, payment of its debts, or is unable to pay its debts as they fall due or admits inability to pay its debts, or is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986.
16.5 The following provisions shall survive termination of the Agreement: clause 15 (Limitation of Liability), clause 16.6(b) (ability to download your Content and Edited Content), clause 23 (Disputes) and clause 24 (Governing law and jurisdiction).
16.6 On expiry or termination of this Agreement for any reason:
(a) we shall immediately cease provision of the Seenit Platform; and
(b) you can request a download of your Content and Edited Content for a period of 90 days from the Seenit Platform after termination. If it is not downloaded 90 days, we can delete it.
17. Waiver
No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy.
18. Entire agreement and variation
18.1 This agreement constitutes the entire agreement between the parties and supersedes all previous discussions, correspondence, negotiations, arrangements, understandings and agreements between them relating to its subject matter.
18.2 No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
19. Assignment
19.1 You shall not, without our prior written consent, assign, transfer, mortgage, charge, sub-contract, delegate, declare a trust over or deal in any other manner with any of its rights or obligations under this agreement.
20. No partnership or agency
20.1 Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, or constitute any party the agent of another party nor authorise any party to make or enter into any commitments for or on behalf of any other party. Each party confirms it is acting on its own behalf and not for the benefit of any other person.
21. Third party rights
Except as expressly provided elsewhere in this agreement, no one other than a party to this agreement, its successors and permitted assignees, shall have any right to enforce any of its terms.
22. Notices
22.1 Any notice or other communication required to be given to a party under or in connection with this agreement shall be in writing and shall be sent by PDF to the email address set out in the Order Form and to us at finance@seenit.io. This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution where notice is required by first class post to the address of a party set out in the Order Form and a copy is to be sent by PDF to the email address set out in the Order Form.
23. Disputes
23.1 In the event of any dispute over the performance of the Services, then, and prior to commencing any litigation, the parties shall enter good faith discussions to resolve the dispute. The party alleging non-performance shall provide written details of the basis of its dispute to the other party, and senior representatives of each party shall use their commercial endeavours to resolve the dispute as expeditiously as possible.
24. Governing law and jurisdiction
24.1 This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
24.2 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
This Agreement has been entered into on the date stated on the Order Form.
Defined Terms:
Defined Terms:
“Agreement” the contract for the supply and use of the Seenit Platform between Seenit Digital Limited and the Customer, and which is formed of the Order Form incorporating these Terms and Conditions.;
“App” means the mobile app made available by Seenit as part of the Subscription, including any modifications made by Seenit pursuant to the Order Form;
“Content” photos, videos, text, music and any other media uploaded via the Seenit Platform.
“Contributor” a person who uploads Content to the Seenit Platform;
“Contributor Personal Data” has the meaning set out in clause 6.4;
“Controller” the person that determines the purposes and manner for which personal data is processed;
“Customer Data” means Content, Edited Content and any personal data stored in the Customer’s account on the Seenit Platform;
“Data Protection Legislation” all applicable data protection and privacy legislation in force from time to time in the UK including UK GDPR; the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.
“Edited Content” Content which has been edited by the Customer in the Seenit Studio;
“Editing Services” the Content editing services provided by Seenit pursuant to these Terms and Conditions;
“Editor Contributor” a person who can both upload Content to the Seenit Platform and edit Content on the Seenit Platform;
“Extended Subscription Period” additional 12-month periods to extend the Subscription Period;
“Project Pages” the upload web page set by the Customer for Contributors to upload Content.
“Processor” the person who processes personal data on behalf of a Controller;
“Platform Privacy Policy” the Seenit Digital Limited privacy policy that applies to Contributors using the Seenit Platform;
“Order Form” the order from between Seenit Digital Limited and a Customer setting out the commercial terms upon which Seenit makes available the Seenit Platform, and which incorporates the Terms and Conditions;
“Seenit Media” the music, images, typefaces, and other content made available by us in the Seenit Studio which can be edited into the Content;
“Seenit Platform” the cloud-based video and content submission platform and Seenit Studio, provided by Seenit Digital Limited;
“Seenit Studio” the online video editing functionality of the Seenit Platform;
“Subject” an individual captured (on either photo or film) by a Contributor for the purpose of uploading such photo or film to the Seenit Platform;
“Subject Personal Data” has the meaning set out in Clause 6.1;
“Subscription Fees” the annual fees for accessing the Seenit Platform, payable in advance, and which are set out in the Order Form;
“Subscription Period” the initial minimum period that the Customer shall subscribe for and pay for access to the Seenit Platform;
“Terms and Conditions” these terms and conditions (and any updates made by Seenit on written notice;
“UK GDPR” Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data as it forms part of the law of England and Wales, Scotland and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act of 2018;
“User Generated Content” content uploaded on a Project Page by a Contributor; and
“User Generated Content Licence” the licence entered into by a Contributor with us when they upload Content onto the Seenit Platform.