Legal > Seenit Terms of Use

Seenit Terms of Use

Last updated: 17 April, 2024

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SEENIT WEBSITE, PLATORM AND SERVICES

What’s in these terms?

These terms tell you the rules for accessing and using Seenit’s general website available at https://www.seenit.io/ (the “Website”) and its paid-for platform and services accessible at https://app.seenit.io/ (the “Seenit Platform”), (collectively the “Seenit Sites”).

To whom these terms apply

You are either:

(1) a general website visitor;

(2) an entity or individual who has subscribed to services accessed through the Seenit Platform (“Seenit Services”) under a valid contract in place at the time of use (“Services Agreement”), a (“Client”); or

(3) a user authorised by a Client to access and use Seenit Services pursuant to a Services Agreement.

Who we are and how to contact us

The Seenit Sites are operated by Seenit Digital Limited (“We”). We are registered in England and Wales under company number 08838909 and have our registered office at 3rd Floor 150 Buckingham Palace Road, Belgravia, London, England, SW1W 9TR. Our VAT number is GB180702034.

We are a limited company.

To contact us, please email support@seenit.io.

Use by Children of the Seenit Sites

Children under 13 years old must not use the Seenit Sites.

Children over the age of 13 but under 18 years old may use the Seenit Sites provided that they have the verifiable consent of their parent or guardian to do so and such parent or guardian agrees to be bound by these Terms of Use.

There are other terms that may apply to you

These terms of use refer to the following additional terms, which may also apply to your use of the Seenit Sites as explained below:

• Our Acceptable Use Policy https://www.seenit.io/legal/may-2021/schedule-4-acceptable-use-policy/, which sets out the permitted uses and prohibited uses of the Seenit Sites. When using the Seenit Sites, you must comply with this Acceptable Use Policy which shall be incorporated into these terms of use by reference. The expression these “Terms” shall mean these terms of use and the Acceptable Use Policy.

• Our Privacy Policy https://www.seenit.io/legal/privacy-policy/ which sets out information on how we may use your personal information (See related section below).

• Our Cookie Policy https://www.seenit.io/legal/cookie-policy/, which sets out information about the cookies on our sites.

In addition, if you use the Seenit Platform, the relevant Services Agreement shall apply and will determine if our Content Licence applies as well. Where the Content Licence applies to you it will be notified to you when you seek to upload content to the Seenit Platform.

By using the Seenit Sites you accept these Terms

By using the Seenit Sites, you confirm that you accept these Terms and that you agree to comply with them.

If you do not agree to these Terms, you must not access or use the Seenit Sites.

We recommend that you print a copy of these Terms for future reference.

We may make changes to these Terms

We amend these Terms from time to time. Every time you wish to use the Seenit Sites, please check these Terms to ensure you understand these Terms that apply at that time.

Please note that we may make changes to the Seenit Sites from time to time as we update, change and/or introduce new and existing features and functionalities of the Seenit Sites.

How you may use the Seenit Sites

We are the owner or the licensee of all intellectual property rights in the Seenit Sites, and in the materials published on them. Those are protected by intellectual property laws and treaties around the world. All such rights are reserved.

The Website

You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use and you may draw the attention of others to content posted on the Website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.

You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy, download, share or repost any part of our Website in breach of these Terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

The Seenit Platform

Your rights to use the materials made available on the Seenit Platform are limited by and defined in the relevant Services Agreement. If in doubt you should ask the Client (i.e. the organisation that provides you access to the Seenit Platform) for more information.

Our trademarks are registered.

Seenit is a UK registered trademark of Seenit Digital Limited. You are not permitted to use it without our approval, unless it is part of material you are using as permitted under How you may use the Seenit Sites (above).

No text or data mining, or web scraping

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the Seenit Sites. This includes using (or permitting, authorising or attempting the use of):

• Any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process, or methodology to access, obtain, copy, monitor or republish any portion of the Seenit Sites or any data, content, information, or services accessed via the same.

• Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends, and correlations.

The provisions in this section should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).

This section shall not apply, insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

Information on the Website

The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely.

Although we make reasonable efforts to update the information on our Seenit Sites, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete, or up to date.

We are not responsible for websites the Seenit Sites link to

Where our Seenit Sites contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

To the extent permissible by law, we do not accept any responsibility for any advertising, promotions or linking to third party sites contained in content submitted or produced by users of the Seenit Platform, and disclaim all liabilities in relation to such advertising, promotions and third-party sites and their use and reliance by users of the Seenit Platform.

Access to the Seenit Platform

In addition to your compliance with these Terms, your use of the Seenit Platform is directly linked and conditional upon your permission to use these from the relevant Client and the validity of the relevant Services Agreement.

As a user authorised by a Client, your use of the Seenit Platform and the activities you can perform on it will depend on the level of access you have been granted by such Client which will be either as a “Contributor” or a “Studio User”.

• As a Studio User you may both upload content to the Seenit Platform and edit content on the Seenit Platform according to the Client’s permissions.

• As a Contributor you may upload content to the Client’s account (“Studio”) on the Seenit Platform but cannot review any other person’s content nor make any changes to a Studio.

AI Features

We offer on the Seenit Platform some optional Artificial Intelligence features (“Seenit Co-Producer”) to facilitate our Client’s creation and editing of content. Please note that you should avoid submitting sensitive, confidential, or personal information to the AI Features. These AI Features are offered as part of Seenit’s experimental services and therefore Seenit (a) does not make nor give any sort of representations, warranties, guarantees, obligations, or conditions in relation to them; and (b) expressly disclaims any and all liabilities of your use thereof.

User-generated content is not approved by us

The Seenit Platform contains information and materials uploaded by other users, such as video-sharing pages and free text boxes . This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

How to complain about or report content

If you become aware of any material on the Seenit Platform that is illegal, constitutes a breach of a third party’s intellectual property rights or privacy rights, could comprise or be connected to child sexual abuse or exploitation or could comprise terrorist content or be connected to terrorism or otherwise violates our Acceptable Use Policy, please contact us immediately on support@seenit.io

On receiving your complaint or report we will review it and if in our opinion, we consider the material to be illegal we will remove it swiftly. If on further review or an appeal we reasonably believe that it is not illegal then we will reverse our decision swiftly subject to our content back up and content deletion policies.

Please note that in certain circumstances we may decide to report the content to the relevant authorities.

Uploading content to the Seenit Platform

Whenever you make use of a feature that allows you to upload content to the Seenit Platform, or to make contact with other users of the Seenit Platform, you must comply with the content standards set out in our Acceptable Use Policy.

We have the right to remove any posting you make on our Seenit Platform if, in our opinion, your post or contribution does not comply with the content standards set out in our Acceptable Use Policy. If on further review of an appeal we reasonable believe that it does not breach the content standards set out in our Acceptable Use Policy, we will reverse our decision swiftly subject to our content back up and content deletion policies.

Please note that in certain circumstances we may decide to report the content to the relevant authorities.

If you wish to contact us in relation to content you have uploaded to the Seenit Platform and that we have taken down, please contact support@seenit.io.

We have processes in place to secure and back up the content you upload. Nonetheless we encourage you to use all appropriate means to keep your content secure and backed up.

We will either derive our rights to use the content you upload from the Client ‘s own rights to the content (who will have secured those rights from you separately) or from a content licence to which you will be asked to agree when uploading content. Please make sure you review the documents that are pushed to you when uploading to make sure you understand the set up.

Our responsibility for loss or damage suffered by you

Nothing in these Terms shall, or shall be construed to, exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Regarding the Seenit Platform: to the extent permissible by law,

o any liability we may have in respect of your use of the Seenit Platform and related services is as set out in the applicable Services Agreement; and

o where applicable, we exclude all implied conditions, warranties, representations or other terms that may apply to the Seenit Platform or any content on it.

Regarding the Website:

o If you are a consumer user:

• Please note that we only provide the Website for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

• If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

o If you are a business user:

• We exclude all implied conditions, warranties, representations or other terms that may apply to the Website or any content on it.

• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, the Website; or

• use of or reliance on any content displayed on the Website.

• In particular, we will not be liable for:

• loss of profits, sales, business, or revenue;

• business interruption;

• loss of anticipated savings;

• loss of business opportunity, goodwill or reputation; or

• any indirect or consequential loss or damage.

o Whether you are a consumer user or a business user: if, notwithstanding the other provisions of These terms, we are determined to have any liability to you or any third party, it is agreed that our aggregate liability will be limited to one hundred pounds sterling (£100).

Your responsibility for loss or damage suffered by us

Nothing in These terms shall, or shall be construed to, exclude or limit in any way your liability to us where it would be unlawful to do so. This includes liability for death or personal injury caused by your negligence or the negligence of your employees, agents or subcontractors (if any) and for fraud or fraudulent misrepresentation.

Regarding the Seenit Platform: Liability to us triggered by your failure to comply with These terms shall be as set out in the Services Agreement.

Regarding the Website: You shall be liable to us for any liability resulting from your breach of these Terms.

How we may use your personal information

1) Please do not include sensitive data in the content you upload to the Seenit Platform. If you do so you hereby consent to its use as set out in the privacy notice of the Client responsible for your Studio.

  1. 2) Regarding the Seenit Platform, you acknowledge that: Our Client (of whom you are an authorised user if it is a legal entity) is the controller of the personal information that we collect from you or you provide on the Seenit Platform, and for which Seenit is a processor (on behalf of the Client). In such case, Seenit’s role as a processor is governed by the provisions set out in the Services Agreement and the Client’s privacy policy (available in the Client’s Studio) will apply to your personal information.
  2. In certain circumstances, Seenit is an independent controller of your personal information. In such case we will only use your personal information as set out in our Privacy Policy.  3.
  3. 3) Regarding the Website, you acknowledge that we are a controller of the personal information you provide to us or we collect from you and we will only use your personal information as set out in our Privacy Policy.

We are not responsible for viruses and you must not introduce them

We do not guarantee that the Seenit Sites will be secure or free from bugs or viruses. You should use your own virus protection software.

You or the Client (your organisation) as applicable are responsible for configuring your information technology, computer programmes and platform to access the Seenit Sites.

You must not misuse the Seenit Sites by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to any of the Seenit Sites, the servers on which the Sites are stored, or any server, computer or database connected to the Seenit Sites. You must not attack any of the Seenit Sites via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Seenit Sites will cease immediately.

Rules about linking to the Website and the Seenit Platform

You may link to our Website home page on your website(s) provided that we may withdraw linking permission at our discretion at any time and without notice.

You may frame, or add a link to, the Seenit Platform on your website(s) or authorise a third party to establish such a link on their third party website(s) provided that we may withdraw linking permission for third party websites at our discretion, at any time and without notice.

When linking or authorising a link to the Seenit Sites in accordance with this section you must

  1. do so in a way that is fair and legal and does not damage our reputation or take advantage of it
  2. not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
  3. ensure that the website(s) in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy Acceptable Use Policy.

If you wish to link to or make any use of content on the Website or the Seenit Platform other than that set out above, please contact support@seenit.io.

We will suspend your access if you breach these Terms

If we reasonably suspect that you, and/or if you, breach these Terms (including the policies referenced in these Terms) we may suspend your access to the Seenit Platform and/or the Website and/or related services for a reasonable period of time.

When deciding whether to suspend you, we will consider:

o how many items of clearly illegal content you have uploaded within a given time frame in terms of the volume of other content uploaded by other users during that time; and

o the gravity of the suspect or actual breach or misuse of the Seenit Platform and/or Website (as relevant), including the nature of the illegal content and its consequences (potential or otherwise).

If you breach these Terms:

• we will use reasonable endeavours to warn you in advance if we plan to suspend you; and

• in relation to your use of the Seenit Platform we will (without advance notice to you) notify the relevant Client (your organisation) of such breach and your suspension;

If you frequently submit notices or complaints that are clearly unfounded, we may suspend the processing of any further notices or complaints from you for a reasonable period of time. We will warn you in advance if we propose to suspend processing of your notices or complaints. When deciding whether to suspend you, we will consider:

• how many items of clearly unfounded notices or complaints you submitted within a given time frame in terms of the volume of other notices or complaints submitted by other users during that time;

• the gravity of the misuse;

• where possible to identify, your intention in submitting the notices or complaints.

Which country’s laws apply to any disputes?

If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are resident of Scotland you may also bring proceedings in Scotland.

If you are a business user, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

In respect of your use of the Seenit Platform the laws which shall govern these Terms, their subject matter and their formation (and any non-contractual disputes or claims) will be as set out in the Services Agreement.