Terms of Service
Last Updated: Dec 7, 2021

By signing up for the AVID service (“Service”) or any of the services of Avid International Limited (“AVID”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time on this page. AVID reserves the right to update and change the Terms of Service by posting updates and changes to the AVID website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement and AVID’s Privacy Policy before you may become an AVID user. Everyday language summaries are provided for your benefit and are not legally binding. Please read the “Terms of Service” for the complete picture of your legal requirements. By using AVID or any AVID services, you are agreeing to these terms and they create a binding contract between you and AVID. Be sure to occasionally check back for updates.

1. Account Terms
You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service. If you use AVID to publish material you are a creator (“Creator”). People who subscribe to content published by a Creator are referred to in these Terms of Service as a learner (“Learner”).
You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process.
You acknowledge that AVID will use the email address you provide as the primary method for communication.
You are responsible for keeping your password secure. AVID cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
You are responsible for all activity and content such as videos, files, data, graphics, photos, and links that are uploaded under your AVID account (“Course Content”). You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any term in the Terms of Service as determined in the sole discretion of AVID will result in an immediate termination of your services.

Which means
Don’t use AVID for anything illegal or transmit any harmful code. Remember that with any violation of these terms we will cancel your service.

If we need to reach you, we will send you an email.


2. Account Activation
Subject to section 2.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.

Which means
The person signing up for the AVID Service is responsible for the account and is bound by these Terms of Service. If you sign up on behalf of your employer, your employer owns the account and is also bound by our Terms of Service.


3. General Conditions
Technical support is only provided to paying account holders.
Acceptable Use: You may not use the AVID service for i) any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of the United Kingdom; ii) for any unlawful or fraudulent purpose; iii) the purpose of harming or attempting to harm any person; iv) for the purpose of bullying, insulting, intimidating or humiliating any person;  v) to transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware or other harmful programs designed to adversely affect the operation of any computer software or hardware.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by AVID.
You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use AVID or AVID trademarks and/or variations and misspellings thereof
Questions about the Terms of Service should be sent to support@avid.fm.
You understand that your Course Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
You acknowledge and agree that your use of the Service, including information transmitted to or stored by AVID, is governed by AVID’s privacy policy at http://www.avid.fm?open=privacy-policy
You agree that you will only use the third-party payment processor (“Payment Processor”) that AVID selects from time to time. Any attempt to bypass the AVID payment system to avoid transaction fees may result in the suspension or cancellation of your account.

Which means
The AVID service belongs to us. You are not allowed to steal or copy it or use it for any illegal or sketchy purpose.

Don’t bypass our billing system to avoid transaction fees.

Your content may be transferred unencrypted and may be altered, but credit card information is always encrypted.

4. AVID Rights
We reserve the right to modify or terminate the Service for any reason, without notice at any time.
We reserve the right to refuse service to anyone for any reason at any time.
We may, but have no obligation to, remove Course Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal or written abuse of any kind (including threats of abuse or retribution) of any AVID customer, AVID employee, member, or officer will result in immediate account termination.
AVID does not pre-screen Course Content and it is in their sole discretion to refuse or remove any Course Content that is available via the Service.
We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that AVID employees and contractors may also be AVID customers/instructors and that they may compete with you, although they may not use your confidential information in doing so.
In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government-issued photo ID, the last four digits of the credit card on file, etc.
AVID retains the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If we are unable to reasonably determine the rightful account owner, AVID reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.

Which means
We can modify, cancel or refuse the service at any time.

In the event of an ownership dispute over an AVID account, we can freeze the account or transfer it to the rightful owner.

5. Limitation of Liability
You expressly understand and agree that AVID shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from the use of or inability to use the service.
In no event shall AVID or our suppliers be liable for lost profits or any special, incidental, or consequential damages arising out of or in connection with our site, our services, or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, AVID partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Your use of the Service is at your sole risk. The Service is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied, or statutory.
AVID does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
AVID does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
AVID does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
In no event will Service Provider’s aggregate liability for all claims of any kind, including any claims arising out of or related to this agreement, whether by statute, contract, tort, or under any other theory of liability, exceed the fees paid by you for the AVID Service hereunder during the one (1) month period immediately preceding the date on which the cause of action arose.

Which means
We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.

Service is “as is” so it may have errors or interruptions and we provide no warranties.

The total amount of our potential liability is limited to one month of your fees paid to us.

6. Waiver and Complete Agreement
The failure of AVID to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and AVID and governs your use of the Service, superseding any prior agreements between you and AVID (including, but not limited to, any prior versions of the Terms of Service).

Which means
If AVID chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later.

These terms of service make up the agreement that applies to you. This means that any previous agreements between you and AVID don’t apply if they conflict with these terms.

7. Creators 
We do not claim any intellectual property rights over the material you provide to the AVID service. All material you upload remains yours. You can remove your AVID site at any time by deleting your account. This will also remove all content you have stored on the Service.
By uploading Course Content: (a) you shall comply with our Acceptable Use provisions; (b) you confirm that you have not copied, reproduced, modified, translated, performed, exploited, or commercialized any Course Content not owned by you unless you have the owner’s prior consent (c) you agree to allow other internet users to view your Course Content; (d) you grant to AVID a worldwide, non-exclusive, royalty-free, transferable license to market,  display and store your Course Content and to allow others to use, access, download and subscribe for Course Content and to use any of your intellectual property rights (including your trade name, trademark, and logo in connection with these Terms of Use;  (e) you agree that AVID can, at any time, review all the Course Content submitted by you to its Service.
By making your site public, you agree to allow others to view your Course Content. You are responsible for compliance of Course Content with any applicable laws or regulations.
We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
You shall indemnify AVID and hold AVID harmless against all claims, actions, proceedings, losses, damages, expenses and costs arising out of or in connection with:
Your use of the Services and/or AVID’s site;
Your breach of these Terms of Service;
The Course Content you create;
Any claim that the Course Content or AVID’s use of the Creator’s intellectual property rights infringes the intellectual property rights of a third party; and
Any claims made by Learners.

Which means
Anything you upload remains yours and your responsibility. If you want to remove your content, just delete your account.

8. Payment of Learner Subscriptions and Fees
You may offer your Course Content to Learners for a subscription or one-off fee of such amount as you decide. AVID will be offering a number of plans to Creators to allow you to get the most out of your account. You agree to pay us an agreed percentage of the total amount charged by you to Learners (“Revenue Share”) in accordance with the percentage detailed in the type of plan you have selected. Details of our plan/s can be found on avid.fm homepage’s pricing section.     
You agree that for so long as you use AVID’s Service, our Payment Processor will deduct from any sums due to you from Learners the amount of any Revenue Share due to us as and when we process subscription payments from Learners who subscribe to your Course Content. Revenue Share payments are not refundable. In addition, You also agree that we may deduct from payments due to the costs and expenses our Payment Processor charges to AVID for use of the Payment Processor’s services.  
You agree that you are solely responsible for and AVID has no liability to you or to Learners for any Course Content you make available through AVID. If you choose to terminate your account before the end of a Learner’s paid subscription period any and all obligations – including any refund obligations for the unexpired subscription period are the Creator’s responsibility.
Learners are entitled to a refund within thirty (30) days of purchase.
All fees earned by Creators will be transferred to their account via AVID’s Payment Gateway after the deductions of Payment Processor fees (as per 8.2 above) 30 days after their receipt by AVID. This period is to allow for any potential refunds, chargebacks, etc to be deducted prior to transfer.

Which means
You can set the price for your courses and services and be transferred the money net of payment processing fees and AVID’s Revenue Share 30 days after receipt of funds by AVID.

9. Payment of Service Fees 
Should AVID offer plans that require a service fee and you select such a plan, a valid credit card is required for accounts to be able to process orders using a live payment gateway. Accounts used for development purposes (unable to process orders using a live payment gateway) do not require a valid credit card.
Service fees will be billed in monthly or annual intervals, or not at all, depending on the plan you are on. When your billing period is over the Account Owner will be sent an invoice via the email provided. Users have approximately two weeks to bring up and settle any issues with the billing.
All fees are exclusive of applicable federal, provincial, state, local, or other governmental sales, goods, and services, harmonized or other taxes, fees, or charges now in force or enacted in the future (“Taxes”), unless otherwise specified. Such taxes will be added by AVID unless the correct tax code is provided that qualifies for exemption.
Avid will refund Creators if requested within thirty (30) days of signing up for a paid plan

Which means
For live payment gateways, a valid credit card is required. You will be billed every month or year and have 2 weeks to pay. Taxes will be added or included as applicable. Refunds on request within thirty days of sign up. 

10. Cancellation and Termination
You may cancel your account at any time by emailing support@avid.fm and then following the specific instructions indicated to you in AVID’s response.
Once cancellation is confirmed, all of your Course Content will be immediately deleted from the Service. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.
If you cancel the Service in the middle of a monthly or annual payment period, you will not be refunded for the remaining amount.
We reserve the right to modify or terminate the AVID service for any reason, without notice at any time.
Fraud: Without limiting any other remedies, AVID may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

Which means
To initiate a cancellation, email support@avid.com. AVID will respond with specific information regarding the cancellation process for your account. Once cancellation is confirmed, all your content will be permanently deleted. If you cancel in the middle of the month, you won’t be refunded for the remaining amount.

We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.


11. Modifications to the Service and Prices
Prices for using AVID are subject to change without notice from AVID. Such notice may be provided at any time by posting the changes to the AVID Site or the administration menu of your AVID site via an announcement.
AVID reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice.
AVID shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

Which means
We may change or discontinue the service at any time, without liability.


12. Copyright violation
If you believe that Content residing on or accessible through the AVID website or Services infringes a copyright, please send a notice of copyright infringement to support@avid.fm

Which means
AVID respects intellectual property rights and you should too.

13.	Governing Law

These Terms of Service shall be governed in all respects by the laws of England and Wales.