Terms of Service

These Terms of Service (the "Terms") govern your use of the FestiClip mobile app, the festiclip.app website, and any related features (together, the "Service"). The Service is provided by FestiClip ("FestiClip", "we", "us", "our"), correspondence address Vrijheidslaan 85h, 1079 KH Amsterdam, the Netherlands. Contact: [email protected].

FestiClip is currently operated as an early-stage venture. Once a Dutch private limited company (besloten vennootschap) has been incorporated for the Service, we will update these Terms with the relevant company details (KvK and BTW numbers).

By creating an account or otherwise using the Service, you agree to these Terms. If you do not agree, please do not use the Service.

1. Eligibility

You must be at least 16 years old to use the Service. By using the Service, you confirm you meet this requirement and that you have the legal capacity to agree to these Terms.

2. The Service

FestiClip lets festivalgoers upload short video clips that are tagged with the location and time at which they were filmed, and watch the day back through their own clips together with clips that other users have chosen to share with the community. The Service may automatically stitch clips into "aftermovies" along your route through a festival.

3. Pricing

The Service is currently free of charge for both individual users and festival organisers. We may introduce paid features in the future. If we do, we will inform you in advance and you will be free to continue using the existing free features or to opt in to any paid features.

4. Your account

You are responsible for keeping your login credentials secure and for activity that takes place under your account. Notify us at [email protected] as soon as you become aware of any unauthorised use. You can delete your account at any time from within the app.

5. Your clips: ownership and licence

You keep all ownership rights in any clip you upload. By uploading a clip and choosing a sharing setting that makes it visible to other users, you grant FestiClip a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, transcode, display, distribute, and adapt that clip for the purpose of operating the Service. This includes including your clip in aftermovies stitched together by the Service for you and for other users who were near the same location at a similar time.

This licence lasts for as long as the clip is on the Service. When you delete a clip, change its visibility to private, or delete your account, the licence ends and we will remove the clip from the Service within a reasonable period.

6. Publicly shared clips and downloaded aftermovies

If you choose to share a clip publicly with the FestiClip community, other users may view it and may include it in aftermovies that they save or download to their own devices. Once a clip has been publicly shared and another user has downloaded or saved an aftermovie containing it, those already-saved copies cannot be retracted. Deleting the clip on the Service will stop further distribution through FestiClip, but copies that already exist on other users' devices, in third-party platforms they have re-shared to, or in completed aftermovies they have saved will remain.

Please consider this carefully before choosing the public sharing setting. If you would like a clip not to be re-used in this way, keep it private or share it only with selected users.

7. Your warranties when uploading

By uploading a clip you confirm that:

• you own or have all rights necessary to upload and share the clip, including any music, branding, performances, or other material it contains;
• where the clip shows identifiable third parties, you have a lawful basis under the GDPR to share that footage on the Service;
• the clip does not breach any law, third-party right, these Terms, or our Content Guidelines.

8. Indemnity

To the extent permitted by Dutch law, you will hold FestiClip harmless against third-party claims (including from people shown in your footage, rights-holders, or authorities) that arise from a breach of section 7, except where the claim is caused by FestiClip's own breach of these Terms or applicable law.

9. Prohibited content and behaviour

You may not use the Service to upload, share, or otherwise post:

• content you do not have the right to share;
• illegal content, including child sexual abuse material, terrorism content, hate speech, or content that infringes intellectual property rights;
• footage that targets identifiable individuals in a way that is harassing, threatening, or invades their privacy;
• spam, advertising, scams, or attempts to manipulate the Service's ranking or recommendation signals;
• malware, scraping tools, or automated access that we have not authorised.

Our Content Guidelines describe these rules in more detail and form part of these Terms.

10. Reporting illegal content (notice and action)

In line with Article 16 of the EU Digital Services Act (Regulation 2022/2065, "DSA"), anyone may notify us of content on the Service that they consider illegal. Send your notice to [email protected] and include:

• a sufficiently substantiated explanation of why you consider the content illegal;
• a clear indication of where the content is located on the Service (in-app reference, link, or screenshot);
• your name and email address (you may submit anonymously where the notice concerns offences under Articles 3 to 7 of Directive 2011/93/EU);
• a statement that you submit the notice in good faith and believe the information to be accurate and complete.

We will handle valid notices in a timely, diligent, non-arbitrary, and objective way, and we will inform the notifier and (where reasonably possible) the user who posted the content of our decision and the reasons for it.

11. Point of contact

For the purposes of Articles 11 and 12 of the DSA, our single point of contact for users of the Service, for Member State authorities, the European Commission, and the European Board for Digital Services is [email protected]. We accept communications in Dutch and English.

12. Content removal, suspension, and statement of reasons

We may remove or restrict access to content, and suspend or terminate accounts, where we have a reasonable basis to believe that:

• the content or behaviour breaches these Terms or the Content Guidelines;
• the content is illegal, including following a valid notice under section 10;
• we are required to do so by a binding order from an EU Member State authority or a court.

Where we restrict content or an account, we will provide a clear and specific statement of reasons in line with Article 17 DSA, unless we are legally prohibited from doing so. If you disagree with our decision, you may contact us at [email protected] and we will review the matter in good faith.

In line with Article 23 DSA, we may suspend, after prior warning, accounts that frequently provide manifestly illegal content, or that frequently submit notices or complaints that are manifestly unfounded.

13. Service availability and changes

We do our best to keep the Service running, but we provide it on an "as is" and "as available" basis. We do not guarantee uninterrupted availability and we may change, suspend, or discontinue features at any time, taking reasonable account of your interests.

14. Liability

Because the Service is currently offered free of charge, FestiClip does not provide financial compensation for damages arising from its use. Our aggregate liability towards you under or in connection with the Service is therefore excluded to the fullest extent permitted by Dutch law.

In particular, FestiClip is not liable for indirect or consequential damages, loss of profit, loss of data, or loss of footage; for damages caused by clips uploaded by other users or by third-party services on which the Service relies; or for damages caused by your own breach of these Terms.

This exclusion never applies to liability that cannot be excluded under mandatory Dutch law. We remain fully liable for fraud, intentional misconduct, gross negligence (opzet of bewuste roekeloosheid), personal injury or death, and for any consumer rights set out in Books 6 and 7 of the Dutch Civil Code. If we introduce paid features in the future, we will update this section accordingly.

15. Force majeure

Neither party is liable for any delay or failure to perform under these Terms caused by circumstances beyond its reasonable control, including outages of upstream providers, cyberattacks not caused by inadequate security on our side, government action, or natural disasters.

16. Privacy and cookies

How we handle your personal data is set out in our Privacy Policy. Cookies and similar technologies are described in our Cookies Policy. We process personal data in accordance with the GDPR and the Dutch implementing act (Uitvoeringswet AVG).

17. Our intellectual property

The Service itself, including the FestiClip name and logo, software, design, and editorial content created by us, is owned by FestiClip and protected by intellectual property laws. We grant you a personal, non-exclusive, non-transferable, revocable licence to use the app and website for their intended purpose. You may not copy, modify, reverse-engineer, or commercially exploit the Service except where allowed by mandatory law.

18. Termination

You can stop using the Service and delete your account at any time. We may terminate or suspend your access to the Service if you materially breach these Terms or applicable law, with such notice as is reasonable in the circumstances. Sections that by their nature should survive termination (including sections 5, 6, 7, 8, 14, 16, and 19) will continue to apply.

19. Changes to these Terms

We may update these Terms from time to time. For material changes we will notify you in the app or by email at least 30 days before they take effect. If you do not agree with the changes, you can stop using the Service and delete your account before they take effect; continued use after that date constitutes acceptance.

20. Governing law and disputes

These Terms are governed by the laws of the Netherlands. Disputes will be submitted to the District Court of Amsterdam (Rechtbank Amsterdam), without prejudice to mandatory consumer protection rules: as a consumer resident in the EU, you may also bring a claim before the courts of the Member State where you live.

The European Commission provides an Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr. We encourage you to contact us first at [email protected] so we can try to resolve any complaint informally.

21. Contact

FestiClip · Vrijheidslaan 85h, 1079 KH Amsterdam, the Netherlands · [email protected]