Terms and Conditions – Clippter

Article 1 — Definitions

In these General Terms and Conditions for the Clippter Platform (“Terms”), the following terms have the following meaning:

“Clippter”

The trade name of Movie Moose Holding B.V., legally domiciled in Amsterdam, with offices at Thierensweg 8, 1411EX Naarden, The Netherlands, registered with the Dutch Chamber of Commerce under number 88876926.

“Customer”

The natural or legal person acting in the course of a profession or business (B2B) who enters into an Agreement with Clippter. By entering into the Agreement the Customer confirms it is not acting as a consumer.

“Platform”

The cloud software, tools, websites and client portal available via https://clippter.com and associated subdomains, including CRM, quoting, projects, time tracking, finance, review and media library features.

“Seat”

Access for one named natural person. A Seat may not be shared. The number of Seats is as selected at checkout or in a written order.

“Portal User”

A person invited by the Customer into the client portal, with access only to shared projects and deliverables.

“Subscription”

The recurring plan (monthly or annual) chosen by the Customer to use the Platform.

“Agreement”

The contract between Clippter and the Customer, formed by online registration or a signed order form, including these Terms, the Privacy Statement and the Data Processing Agreement (DPA).

“Customer Data”

All information, files, media, pricing data, comments and other content uploaded or entered into the Platform by the Customer or its authorised users, including Portal Users.

Article 2 — Applicability

2.1 These Terms apply to all use of the Platform, all Subscriptions, and all agreements between Clippter and the Customer.

2.2 Deviations are valid only if confirmed in writing by Clippter.

2.3 The applicability of any purchase or general terms of the Customer is expressly rejected.

2.4 If any provision is void or annulled, the remaining provisions stay in force. The parties will replace the invalid clause with one that matches its intent as closely as possible.

2.5 In case of conflict, a signed written order form prevails over these Terms. These Terms prevail over the Privacy Statement for contractual rights and duties; the Privacy Statement and DPA prevail for personal-data processing.

Article 3 — Offers, pricing and conclusion of the Agreement

3.1 Offers, feature descriptions and prices on the website or in proposals are without obligation and may be changed unless agreed otherwise in writing.

3.2 The Agreement is formed when the Customer completes online registration, creates an account and accepts these Terms, or upon signature of an enterprise order form.

3.3 Prices are in euros (EUR), exclusive of VAT and other levies, unless stated otherwise.

3.4 Clippter may revise fees. Revisions are announced at least thirty (30) days in advance and take effect at the next renewal. If the Customer does not accept a revision, the Customer may cancel with effect from the date the revision would apply.

Article 4 — The Platform, Seats and client portal

4.1 The Subscription comprises access to the Platform as a SaaS service for video-production agencies. Features may include CRM, quoting, project management, time tracking, finance, native review, a media library and a client portal. Mobile or desktop apps, if offered, may also be subject to app-store terms.

4.2 Access is granted per Seat. A Seat is personal to one natural person and may not be shared. Seats added during a billing period are charged pro rata for the remainder of that period. Seat reductions take effect from the next billing period; fees already paid for the current period are not refunded.

4.3 Portal Users are invited by the Customer. They do not occupy a full agency Seat unless the applicable pricing says otherwise. The Customer is responsible for whom it invites and for the content it shares with them.

4.4 Parts of the marketing website may be used without a paid Subscription. Such access is provided as-is and may be changed or withdrawn.

4.5 Clippter may modify, update or discontinue features. Material changes that materially reduce functionality will be communicated in advance where practicable.

4.6 No formal Service Level Agreement applies unless agreed in writing.

Article 5 — Licence and acceptable use

5.1 Clippter grants the Customer a non-exclusive, non-transferable, revocable right to use the Platform for internal business purposes during the term, within the chosen plan.

5.2 The Customer is responsible for confidentiality of credentials and for all activity under its account, including Seats and Portal Users.

5.3 The Customer shall not, and shall ensure its users do not:

• share a Seat or login credentials across more than one natural person;
• circumvent security, access controls or usage limits;
• reverse-engineer, decompile or extract source code of the Platform;
• scrape or collect data with automated tools without prior written permission;
• upload content that is unlawful or that infringes third-party rights, including intellectual property and personality rights;
• interfere with the security or availability of the Platform;
• use the Platform to distribute malware or to commit fraud.

5.4 Clippter may suspend access in the event of a material breach of this Article, pending investigation.

Article 6 — Availability, maintenance and support

6.1 The Platform is provided on an as-is and as-available basis. Clippterhas a best-efforts obligation (inspanningsverplichting), not an obligation of result. Uninterrupted or error-free access is not guaranteed.

6.2 Clippter may suspend or restrict access for maintenance, updates or technical improvements, and will endeavour to do so outside Dutch business hours and to give notice where reasonably possible.

6.3 Support is provided by email at support@clippter.com during standard Dutch business hours, unless a written SLA has been agreed.

6.4 Features marked beta or pilot are provided as-is.

Article 7 — Customer Data, privacy, EU hosting and AI

7.1 The Customer retains all rights in Customer Data. The Customer warrants that it has a lawful basis to upload and process that data, including footage of identifiable people.

7.2 The Customer grants Clippter a limited licence to host, transmit and process Customer Data solely to provide and operate the Platform.

7.3 Where Customer Data contains personal data, the Customer is controller and Clippter is processor. The DPA forms an integral part of the Agreement. See also the Privacy Statement.

7.4 Primary production locations for the database, authentication, review video and media storage are in the EEA (Germany / Western Europe), as specified on the Security page.

7.5 Clippter does not use Customer Data or portal content to train AI or machine-learning models and does not share that content with third parties for AI training or model improvement. Generative AI product features are not currently offered.

7.6 Feedback and suggestions may be used by Clippter without restriction or compensation to improve the Platform, provided they do not include Customer Data beyond what is needed to understand the suggestion.

Article 8 — Fees, payment and invoicing

8.1 Fees are billed in advance for the chosen cycle (monthly or annual). The fee is payable regardless of actual use.

8.2 Online Subscriptions are collected automatically through our payment provider (Stripe) using the method supplied by the Customer. The Customer authorises recurring collection.

8.3 If payment fails, the Customer is notified and given a reasonable period (typically 7 to 14 days) to update payment details. After that, Clippter may suspend access until payment is received.

8.4 For written invoices, payment is due within 14 days of the invoice date unless agreed otherwise. Objections must be made in writing within 14 days, after which the invoice is deemed accepted.

8.5 In the event of late payment of invoiced amounts, the Customer owes statutory commercial interest (wettelijke handelsrente) pursuant to Article 6:119a of the Dutch Civil Code, and reasonable collection costs may be charged in accordance with Dutch law.

8.6 The Customer waives any right of suspension (opschorting) or set-off (verrekening) regarding Subscription payments, except where mandatory law provides otherwise.

8.7 Amounts paid for the current period are not refunded on cancellation, except where these Terms or mandatory law provide otherwise, or where Clippter terminates other than for the Customer's breach (in which case prepaid unused time is refunded pro rata).

Article 9 — Term, renewal and cancellation

9.1 The Agreement runs for the chosen Subscription period and renews automatically for successive periods of the same length until cancelled.

9.2 The Customer may cancel at any time in billing settings or by email to support@clippter.com. Cancellation takes effect at the end of the then-current billing period; access continues until that date.

9.3 Early termination during a running term is not permitted except under Article 14.

9.4 A written enterprise agreement runs for the initial term stated in that agreement and then renews for successive periods of the same length, unless either party terminates in writing with at least thirty (30) days' notice before the end of the current term. Email to support@clippter.com suffices.

Article 10 — Intellectual property

10.1 Clippter and its licensors retain all intellectual property rights in the Platform, including code, design, documentation and architecture.

10.2 The Customer may not remove or alter copyright notices or brand names in the Platform.

10.3 Unless agreed otherwise in writing, Clippter may use the Customer's company name and logo on its website and in marketing as a reference customer.

Article 11 — Confidentiality

Each party shall keep confidential information of the other party secret and use it only to perform the Agreement, except for information that is public, independently developed, or that must be disclosed by law. This duty survives termination for three (3) years.

Article 12 — Force majeure

12.1 In addition to Article 6:75 of the Dutch Civil Code, a failure cannot be attributed to Clippter in the event of circumstances beyond its reasonable control, including cloud-hosting failures, third-party infrastructure outages, internet disruptions, cyberattacks (including DDoS), power outages, government measures, strikes or natural disasters.

12.2 If force majeure lasts more than thirty (30) consecutive calendar days, either party may dissolve the Agreement in writing, without liability for damages other than a pro rata refund of prepaid unused access if Clippter is the affected party.

Article 13 — Liability

13.1 Clippter is liable only for direct damage resulting from an intentional act (opzet) or gross negligence (bewuste roekeloosheid) by Clippter's management.

13.2 Clippter is not liable for indirect, incidental or consequential damage, including loss of profit, revenue, business opportunity, reputation, or loss or corruption of Customer Data, except where mandatory law provides otherwise.

13.3 To the maximum extent permitted by law, total aggregate liability under the Agreement is limited to the Subscription fees paid by the Customer in the three (3) months immediately preceding the event giving rise to liability.

13.4 A condition for compensation is written notice to support@clippter.com within three (3) months after discovery of the damage. Claims expire twelve (12) months after the damaging event.

13.5 Nothing in this Article limits or excludes liability that cannot be limited under mandatory law, including Article 82 GDPR where applicable.

Article 14 — Termination

14.1 Either party may terminate with immediate effect if the other party is granted a suspension of payments, is declared bankrupt, is liquidated, or remains in material breach after written notice with a reasonable remedy period of fourteen (14) days.

14.2 Clippter may terminate with thirty (30) days' notice if the Platform or material features are structurally discontinued, or if continuation can no longer reasonably be required. In those cases prepaid unused access is refunded pro rata.

14.3 Upon termination, the right to access the Platform ends.

Article 15 — Export and deletion of Customer Data

The Customer is responsible for exporting Customer Data before the end of the Agreement. Clippter will make Customer Data available for export on request and will delete it from active systems typically within thirty (30) days after account closure, in accordance with the DPA, except where Dutch law requires longer retention of invoices and similar records.

Article 16 — Complaints

Complaints about the Platform must be reported in writing to support@clippter.com within thirty (30) calendar days of discovery.

Article 17 — Amendments

Clippter may amend these Terms. Material changes will be communicated in advance. The Customer may terminate before the changes take effect if it does not accept them. Fee revisions follow Article 3.4.

Article 18 — Final provisions

18.1 The Agreement is governed exclusively by Dutch law. The Vienna Sales Convention (CISG) is excluded.

18.2 Disputes shall preferably be resolved amicably. If that fails, disputes shall be submitted exclusively to the competent court in Amsterdam, the Netherlands.

18.3 Related documents: Privacy Statement, Security & Data, Data Processing Agreement.

Contact

Movie Moose Holding B.V.
Thierensweg 8, 1411EX Naarden, The Netherlands
KvK 88876926
support@clippter.com