PLEASE REVIEW THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING ANY UPDATES OR REVISIONS TO THE TERMS.
Updated: March 1, 2025
Acceptance of Terms
1. Witbox Studios(“Witbox Studios”, “we”, “us”, or “our”) provides video-based editing, graphics, animations, captioning, video captioning, and other related services to you (“Customer”, “you” or “your”) (each herein also referred to individually as a “Party,” or collectively as the “Parties”) through its client service offering (the “Service”) as described on its website https://www.weddingsbywitbox.com (the “Site”), which may be updated from time-to-time, including any successor websites and domains, and web, mobile or desktop applications. Any use of the Service is subject to the terms and conditions in the Terms of Service (“Terms”) set forth herein. Witbox Studios may, at its discretion, update the Terms at any time. You can access and review the most current version of the Terms at the URL for this page or by clicking on the “Terms of Service” link within the Service or as otherwise made available by Witbox Studios.
2. If you are entering into the Terms on behalf of a company or other legal entity, you represent and warrant that you are authorized and lawfully able to bind such entity to the Terms, in which case “you” shall refer to such entity.
LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY:
1. THE MAXIMUM AGGREGATE MONETARY LIABILITY OF Witbox Studios AND ANY OF ITS REPRESENTATIVES IN CONNECTION WITH THESE TERMS UNDER ANY THEORY OF LAW SHALL NOT EXCEED ACTUAL DAMAGES INCURRED UP TO AN AMOUNT EQUAL TO TWO TIMES THE FEES PAYABLE BY CUSTOMER FOR THE USE OF THE SERVICES THAT ARE THE SUBJECT OF THE CLAIM IN THE FIRST MONTH IN WHICH FEES ARE CHARGED UNDER THESE TERMS.
Definitions
1. “Applicable Law” means all applicable laws and regulations, including any relating to workplace safety, anti-money laundering, anti-corruption, privacy, data protection, export control or transactions with foreign nationals.
2. “Agreement” (including, without limitation, the term “this Agreement”) means, collectively, the Terms, any Policy, and other addenda which govern Witbox Studios’s provision of Service.
3. “Intellectual Property” means all rights associated with patents and inventions; copyrights, mask works and other works of authorship (including moral rights); trademarks, service marks, trade dress, trade names, logos and other source identifiers; trade secrets; software, databases and data; and all other intellectual property and industrial designs.
4. “Policy” means any privacy or security policy and other guidelines instituted by Witbox Studios or its licensors or service providers, as may be updated from time to time.
5. “Suggestions” means any suggestions, comments, ideas, improvements or other feedback relating to the Service that Customer elect to provide or make available to Witbox Studios.
Fees
1. Fees. To use the Service, you will be required to make one or more payments and provide Witbox Studios information regarding your credit card or other payment instrument. You represent and warrant to Witbox Studios that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Witbox Studios the amount that is specified in the Service or Order Form or Subscription arrangement in accordance with the terms therein and these Terms. Unless otherwise stated in an Order Form or Subscription arrangement, payments shall be non-refundable. Customer is responsible for any wire transfer fees. All fees specified herein are denominated in United States dollars unless otherwise specified.
2. Invoicing. Witbox Studios may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Witbox Studios seven (7) days after the mailing date of the invoice, or the Services may be suspended. Unpaid invoices are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower. If you dispute any charges you must let Witbox Studios know within thirty (30) days after the date that Witbox Studios invoices you.
3. Pricing. Unless otherwise stated in an Order Form or Subscription arrangement, we reserve the right to change Witbox Studios’s prices at any time without notice. Witbox Studios’s pricing will be reflected on the Order Form. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.
4. Taxes. Any and all amounts payable hereunder by Customer are exclusive of any value-added, sales, use, excise or other similar taxes (collectively, “Taxes”). Customer shall be solely responsible for paying all applicable Taxes.
Intellectual Property
1. Witbox Studios Ownership and Marketing Usage
Customer acknowledges and agrees that Witbox Studios reserves the right to use any Service provided to the Customer, and any manifestation of that Service (e.g., photographs, screenshots, video images, etc.), for Witbox Studios’s own marketing, promotional, publicity, or display purposes. However, if the Customer prefers that their specific content not be used for such purposes, they may notify Witbox Studios in writing, and Witbox Studios will refrain from using that content in its marketing materials. Additionally, upon the Customer’s request, both parties may enter into a separate Non-Disclosure Agreement (NDA) to ensure the confidentiality of the content and restrict its use beyond the agreed-upon scope.
Publicity
You agree that Witbox Studios may use your name and trademarks in Witbox Studios’s marketing materials and website. If you do not wish for your name and trademarks to be used in this manner, please inform Witbox Studios in writing, and we will accommodate your request.
This approach ensures that Witbox Studios can showcase its work while respecting clients’ preferences regarding the use of their specific content in marketing materials.
2. Suggestions.
You acknowledge and agree that any Suggestions provided by you to Witbox Studios are non-confidential, shall become the property of Witbox Studios and Witbox Studios be entitled to the unrestricted use and dissemination of these Suggestions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Term, Suspension and Termination
1. Term.
The term of your use will commence on the date you begin using the Service or execute an Order Form and will continue, unless otherwise stated in an Order Form, as long as you maintain a Witbox Studios account, unless terminated by either party in accordance with these terms or an Order Form. Unless otherwise stated in an Order Form, either party may terminate the Service upon 30 days written notice to the other party.
2. Survival.
Any provision that, by its terms, is intended to survive the expiration or termination of these Terms shall survive such expiration or termination, including Sections: 3 (Limitation of Liability); 5 (Fees); 6 (Intellectual Property); 7(d) (Events Upon Termination); 7(e) (Survival); 8 (Indemnification); 9 (Confidential Information); 10 (Disclaimer of Warranties) and 11 (Miscellaneous).
DISCLAIMER OF WARRANTIES
ALL SERVICES PROVIDED UNDER THESE TERMS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” EACH PARTY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING: (A) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; AND (B) ANY WARRANTY WITH RESPECT TO THE QUALITY, ACCURACY, CURRENCY, OR COMPLETENESS OF ANY SERVICES PROVIDED UNDER THESE TERMS, OR THAT PROVISION OF SUCH SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, FREE FROM OTHER FAILURES, OR WILL MEET CUSTOMER’S REQUIREMENTS.
In the context of video production services, it’s important to acknowledge that perceptions of quality and satisfaction can be highly subjective, varying significantly from one individual to another. Therefore, while we strive to deliver content that meets your expectations, we cannot guarantee that the final product will align perfectly with every individual’s personal preferences or interpretations. By engaging our services, you acknowledge and accept that such subjective differences may arise, and agree that our liability is limited as outlined above.
Miscellaneous
1. Notices.
Customer routine communications to Witbox Studios regarding the Services should be sent to Customer’s account team. To give a notice regarding termination of the Service for other legal matter, Customer shall send it by electronic mail to: witboxstudios@gmail.com. Notices are deemed received as of the time posted or delivered, or if that time does not fall within a business day, as of the beginning of the first business day following the time posted or delivered. For purposes of counting days for notice periods, the business day on which the notice is deemed received counts as the first day. Notices shall be given in the English language.
2. Interpretation.
For the purposes of these Terms: (i) the words “such as,” “include,” “includes” and “including” shall be deemed to be followed by the words “without limitation;” (ii) the word “or” is not exclusive; and (iii) the words “herein,” “hereof,” “hereby,” “hereto” and “hereunder” refer to these Terms as a whole. These Terms shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted.
3. Entire Agreement.
This Terms contains the entire agreement of the parties with respect to the subject matter hereof and supersedes all previous or contemporaneous oral or written
negotiations or agreements with respect to such subject matter. In the event of any conflict between among these Terms, an Order Form, and any Policy, the Order Form shall take precedence.
4. Amendment.
The Terms in effect as of the date you begin the Service shall govern your use of that Service. Witbox Studios shall have the unilateral right to update these Terms at any time without notice to you, and any such updated Terms will govern your use of the Service at or subsequent to any such update of these Terms by Witbox Studios.
5. Severability.
If any provision of these Terms shall be held to be invalid or unenforceable under Applicable Law, then such provision shall be construed, limited, modified or, if
necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of these Terms.
6. Governing Law.
These Terms shall be governed by and construed and enforced in accordance with the laws of the Philippines.
7. No Waiver.
Any waiver of the provisions of these Terms, or of any breach or default hereunder, must be set forth in a written instrument signed by the party against which such waiver is to be enforced.
8. Force Majeure.
Neither party shall be liable for any failure to perform under these Terms to the extent due to any act of God, fire, casualty, flood, war, strike, lock out, failure of public utilities, injunction or any act, exercise, assertion or requirement of any governmental authority, epidemic, destruction of production facilities, insurrection or any other cause beyond the reasonable control of the party invoking this provision.