These Terms and Conditions (“Terms”) shall constitute a legal agreement made between users, whether personally or on behalf of an entity (the “User” or “you”) and Plint AB, org. nr 556630-3060, (“Plint” or “we”) and governs your use of Plintle’s platform (“Plintle”) your order, and our performance, of services (defined below).
By accessing and using Plintle you agree that you have read, understood, and agreed to be bound by these Terms.
OUR PLATFORM AND SERVICES
Plintle is a web based digital platform where you can upload and store media content (“User Content”) through a third party media library provider (Vidispine AB) integrated on Plintle and where you can order our localization and subtitling services (the “Service”).
We can unfortunately not give you an unlimited right to store User Content. The from time-to-time applicable storage limitations and fees, if any, for storing User Content on Plintle will be made available to you on Plintle. You should not use Plintle as your sole storage for User Content. It shall only be used as a place to store User Content which you expect be the object for our Service.
Because we continuously develop our Service, we sometimes need to provide additional terms for specific services (and such services are deemed part of the Service hereunder and shall also be subject to these Terms). Those additional terms and conditions may be incorporated in a new version of these Terms or provided separately. Either way, such new terms and conditions then become part of your agreement with us if you use those services.
CHANGES TO PLINTLE
We reserve the right to make changes to Plintle at our sole discretion.
However, if you are a consumer and we make such changes to our digital service that are stated in mandatory Swedish consumer legislation (Konsumentköplagen [2022:260]) then we are required to have a valid reason to make such changes. Such valid reasons could encompass cases where the modification is necessary to adapt our digital content or digital service to a new technical environment or to an increased number of users or for other important operational reasons.
RIGHT TO ACCESS
To use Plintle you must register an account. Persons under the age of 18 are not permitted to use or register for Plintle. You may permit others within your organization/company to log in and use Plintle through your credentials, however, you are responsible that all persons accessing Plintle through your account and credentials use Plintle in accordance with the Terms. This means that you may be held liable for any violation of these Terms made by a third party accessing Plintle through your account and credentials. You also acknowledge that you are bound by all orders for Service made on Plintle through your account, even if it is a third party using your account and credentials.
By registering an account, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use Plintle.
OUR PROPRIETARY RIGHTS
We, and/or our partners and licensors, hold all the rights and intellectual property rights to Plintle and the content displayed on Plintle, except User Content, consisting of, but not limited to, patents, copyrights, designs, trademarks, and trade secrets.
You may not decompile, reverse engineer, disassemble or attempt to derive the source code of, modify, or create derivative works of Plintle or any part thereof. You may not sell, distribute or sublicense Plintle in any way.
By uploading User Content, you give us the right to store, share with our contractor’s performing the Service, process, and otherwise use the User Content in order for us to perform the Service.
You shall be fully responsible for any User Content you upload to Plintle, and you represent that such User Content does not infringe any third party intellectual property right, and that we freely can use the User Content to perform our Service without infringing any third party right.
You agree and acknowledge that we are not liable for any statements or representations in the User Content and that you will exonerate us from all responsibility and to refrain from any legal action against us regarding the User Content.
RESTRICTED USER CONTENT
You are not allowed to upload to Plintle any User Content that is unlawful, infringes a third party right, or that we, in our sole discretion, find does not comply with our ethical values (“Restricted User Content”).
We reserve the right to delete Restricted User Content at our own discretion without informing you first and without incurring any liability.
Through Plintle you may place an order to purchase our Services. You place an order by following the different steps as provided on Plintle, such as choosing language/s and which User Content to be subject of our Service.
The from time-to-time applicable rates for our Services are found on Plintle. The “duration” of the User Content to be subject for our Service denotes the full running time of any item of video or audio that forms part of the User Content and is calculated from the first frame of displayable video to the last, not including any part breaks but including all silences and pauses that form part of the User Content which is subject of our Service. Any partial minute of duration will be rounded up to the next minute.
All amounts quoted by us are based on our applicable rates and the information supplied by you when you prepare your order on Plintle.
Unless specifically stated, our rates do not include any usage fees (i.e., web rights, commercial advertisement rights, merchandising rights) for performers as required in certain countries.
Before placing an order, you will be able to review an order summary which contains a price quotation for the Service and an estimated time of delivery. Whilst we will try to fulfil any orders placed with us within any stated time, we shall not (save as otherwise required by law) be liable for the consequences of any delay or failure to deliver. The stated times for delivery are preliminary and may be subject to change.
We may or may not accept your order at our discretion. You will be notified if the order is not accepted.
When you place an order, you may provide us with additional information and requests, however, we are never bound by any such additional information or requests, even if we accept the order, but we will do our best to meet your expectations.
These Terms shall apply on all orders placed and confirmed through Plintle.
The available payment methods are found on Plintle.
When preparing your order, you may choose from the different payment methods available for you. Sometimes we require a pre-payment in order to commence the project. All payments for Service are non-refundable since we start incurring costs as soon as soon as we accept an order made by you.
In the event of late payment, we reserve the right to apply an interest rate of 8 (eight) percent on an annual accrual basis for all past due amounts until payment is made in full.
PERFORMANCE OF THE SERVICE AND OUR DELIVERY
We will perform any Service with due care and in a professional manner.
You are responsible that the User Content which is the subject of our Service is of sufficient quality in order for us to perform our Service in a satisfactory manner (e.g., that the audio is of such quality that all words to be translated are easily heard). If we believe that the User Content does not allow us to perform our Service in a satisfactory manner, we will stop our Service and inform you that you need to provide us with User Content of better quality in order for us to resume the Service. We reserve the right to charge you an additional fee if this happens.
Since translation is a subjective process through which different individuals may express the same meaning using different word choices, we will not be liable for such variations, provided that reasonable persons proficient in the applicable language would deem all such word choices to be equally applicable.
You will be notified when the result of our Service (the “Material”) has been delivered and made available to you on Plintle.
In the unfortunate event that you have any complaints regarding the Material you may contact us no later than two (2) weeks after delivery and we will rectify any defect within reasonable time. We do not have any obligation to rectify a defect which you inform us about after the two (2) week period has expired.
To the extent allowed according to applicable law, what is stated above is your sole remedy against Material you find to be defective.
By downloading the Material, you accept the Material and confirm that it is free from defects.
OWNERSHIP OF THE MATERIAL
You will be the owner of all copyright and all other rights to the Material. Full ownership of the Material will only pass to you on the later date of either delivery or full payment is made. You will then have full access to review, make changes to, and download the Material. We are not liable for any potential changes or modifications of the Material made by you after delivery.
DISCLAIMER AND LIMITATIONS ON LIABILITY
Plintle is provided on an “as is” and “as available” without express or implied warranty or condition of any kind. We will make reasonable efforts to keep Plintle operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. We have no obligation to maintain support, upgrade, or update Plintle.
The sole and exclusive remedy for any problems or dissatisfaction with Plintle is to stop using Plintle.
We shall under no circumstances be responsible for any injury, direct or indirect, or consequential damages, including, but not limited to, damages for lost profits, loss of data, loss of hardware, interruption of business or other damage or loss caused by or related to your use or inability to use Plintle regardless of whether the claim is based on contract, warranty or otherwise. We take no responsibility for any User Content that is lost or damaged when using Plintle.
LINKS TO OTHER WEBSITES
Plintle may contain links to other websites. We do not review or evaluate all of the websites linked to on Plintle and we are not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content on these websites, nor is it responsible for the advertising, products, or other materials that appear on or are offered by such websites. You should carefully review the respective conditions of use for each of these websites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by your use of or reliance on any content, goods, or services available on such websites.
THIRD PARTY APPLICATION – VIDINET PROVIDED BY VIDISPINE AB
Plintle has seamlessly integrated the media library service Vidinet on Plintle. We do not assume any liability for Vidinet in excess of what is stated in the Terms of Service for Vidinet SaaS, https://vidinet.net/terms.
In case we have limited our liability to a greater extent regarding your use of Plintle (and subsequently Vidinet) than what is stated in the Vidinet terms then these Term shall prevail.
TERM AND TERMINATION
These Terms shall remain in full force and effect while you use Plintle and for as long as we are providing Services. Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of Plintle for any reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation. We may terminate your use of Plintle or delete your account and any Material or information that you uploaded at any time, without incurring any liability or prior warning, in our sole discretion.
In the event we process personal information on your behalf we are considered a processor according to applicable data protective legislation (including GDPR). If we process personal information on your behalf the data processing agreement in Appendix 1 shall apply.
If you are deemed a consumer in accordance with Swedish legislation, we acknowledge that you may have mandatory rights which are greater than the rights provided in these Terms. In case of conflict between these Terms and mandatory consumer protective legislation the latter shall prevail.
The right to file a complaint
Notwithstanding anything to the contrary in these terms, if you are deemed a consumer in accordance with Swedish legislation and you have any complaints regarding the Material you may contact us within a reasonable time after detecting the defect, but no later than three (3) years after delivery.
If you wish to file a complaint regarding the Service, you shall send us a written notice by e-mail or by post on the contact details set forth below.
THE ACT ON DISTANCE CONTRACTS AND OFF-PREMISES CONTRACTS
If you are considered a consumer in accordance with the Swedish act “The Act on Distance Contracts and Off-Premises Contracts” (Sw. Lag [2005:5] om distansavtal och avtal utanför affärslokaler) (the “Act”) you have a right of withdrawal that can be exercised within fourteen (14) days after the conclusion of the contract pursuant to the Act.
However, the right of withdrawal does not apply to contracts regarding a Service which has been performed and delivered if the consumer has expressly consented to the service being commenced and has agreed that there is no right of withdrawal when the service has been performed.
The date on which our Services commence is the date when you enter into a binding agreement with us and the date when our Service is delivered is the date when the Material has been made available to you on Plintle.
By placing an order on Plintle you hereby expressly consent to service being commenced and you agree that there is no right of withdrawal when the Material has been made available to you.
If you wish to withdraw the purchase, during your period of right of withdrawal but always prior to our delivery of the Material, you shall send us a written notice within the abovementioned withdrawal period, where you clearly state that you want to withdraw your purchase as well as specify the order that you want to withdraw. You may send the written notice by e-mail or by post on the contact details set forth below, or you may use the standard form found here: https://www.konsumentverket.se/globalassets/publikationer/kontrakt-och-mallar/angerblankett-2021-konsumentverket.pdf.
If you exercise your right of withdrawal and you have a right for such withdrawal, you will be refunded any fees for the Service that you have paid in advance. However, you will still have to pay us a proportional amount of our fee corresponding to the work actually performed by us at the time of withdrawal.
GOVERNING LAW AND DISPUTES
This agreement shall be governed by and construed in accordance with the laws of Sweden without regard to its principles of conflict of laws.
Any dispute, controversy or claim arising out of or in connection with these Terms or our Service, or the breach, termination, or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”). The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators.
The seat of arbitration shall be Gothenburg, Sweden.
The language to be used in the arbitral proceedings shall be English.
Notwithstanding the above, Plint has the right to file any claims relating to unpaid fees (such as our Service fees) by you under these Terms at the general court with Göteborgs tingsrätt as the first instance.
Dispute resolution for consumers
If you are considered a consumer then any dispute, controversy or claim arising out of or in connection with these Terms or our Service, or the breach, termination, or invalidity thereof, shall be finally settled by the general court with Göteborgs tingsrätt as the first instance.
Alternative dispute resolution for consumers
If you are considered a consumer, you can also choose to file a written complaint to The National Board for Consumer Disputes (Sw. Allmänna reklamationsnämnden) by filling in and submitting a standard form on their website found here: https://www.arn.se/om-arn/anmalan/.
If for any reason any provision of the Terms shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective only to extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
We reserve the right, in our sole discretion, to make changes or modifications to the Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date and giving you notice through Plintle. Your continued use of Plintle constitutes your binding acceptance of the Terms, including any changes or modifications made by us as permitted above.
Any questions, please contact us
Company name: Plint AB
Organisation number: 556630-3060
Address: Östra Larmgatan 16
411 07 Göteborg, Sweden