Terms of Use
Terms and Conditions for Pebble (Pebble.by)
Last Updated: December 28, 2024
These Terms and Conditions (the "Terms") govern your access to and use of the Pebble video commerce and marketing platform, including the website Pebble.by (the "Platform"), and the services, features, content, applications, and tools offered by Pebble. Pebble is a platform operated by Stashally Pte. Ltd., a company registered in Singapore with business registration number (201821622Z) (referred to as "Pebble," "we," "us," or "our"). By accessing or using the Platform, you ("you" or "User") agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Platform.
1. Acceptance of Terms
By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy (available at [Insert Privacy Policy URL]), and any additional terms and conditions that may apply to specific features or services offered on the Platform. These Terms constitute a legally binding agreement between you and Pebble.
2. Description of Services
Pebble provides a comprehensive video commerce and marketing platform that includes, but is not limited to:
Generative Video AI: Tools for creating and editing videos using artificial intelligence.
Video Hosting: Secure and reliable hosting for your video content.
Interactive Media: Features to add interactive elements to your videos, such as calls-to-action, quizzes, polls, and shoppable links.
Video Related Tools: Various tools and features to enhance your video marketing efforts, including analytics, embedding options, and customization features.
We may update, modify, suspend, or discontinue any aspect of the Platform or our services at any time without notice.
3. User Accounts
3.1. Account Creation: To access certain features of the Platform, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to keep your account information updated.
3.2. Account Security: You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to notify us immediately of any unauthorized access to or use of your account. Pebble will not be liable for any loss or damage arising from your failure to comply with this provision.
3.3. Account Usage: You are solely responsible for all activities that occur under your account. You agree not to share your account credentials with any third party.
3.4. Termination: We reserve the right to suspend or terminate your account at any time, with or without cause and without prior notice, including if we believe you have violated these Terms.
4. User Content
4.1. Your Content: You retain ownership of any videos, audio, text, images, or other content that you upload, post, transmit, or otherwise make available through the Platform (collectively, "User Content").
4.2. License to Pebble: By uploading or making User Content available on the Platform, you retain ownership of your User Content. However, you grant Pebble a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, publish, distribute, and otherwise exploit your User Content for the purpose of operating, promoting, and marketing the Platform and our services, including but not limited to use in our websites, social media channels, marketing materials, and communications.
4.3. Your Representations and Warranties: You represent and warrant that:
You have all necessary rights, licenses, consents, and permissions to upload and use your User Content on the Platform and to grant the licenses herein.
Your User Content does not infringe upon the intellectual property rights, privacy rights, publicity rights, or other rights of any third party.
Your User Content does not violate any applicable laws, regulations, or these Terms.
Your User Content is not defamatory, libelous, harassing, threatening, or otherwise objectionable.
Your User Content does not contain any viruses, malware, or other harmful code.
4.4. Content Removal: Pebble reserves the right to remove or disable access to any User Content at any time, with or without notice, if we believe it violates these Terms or is otherwise objectionable.
5. Scope of Work
5.1. Platform Services: Pebble provides a video commerce and marketing platform offering features including generative video AI, video hosting, interactive media capabilities, and various video-related tools as generally described in Section 2 of these Terms. The availability and specific functionalities of these services are subject to your chosen subscription plan and may be updated or modified by Pebble from time to time.
5.2. No Guarantee of Specific Outcomes: While Pebble provides tools and features designed to enhance your video marketing and commerce efforts, we do not guarantee any specific outcomes or results from your use of the Platform. The success of your video content and marketing strategies depends on various factors beyond our control, including the quality of your content, your target audience, and market conditions.
5.3. Separate Agreements: For specific projects, custom development, integrations, or professional services beyond the standard Platform features, Pebble may enter into separate written agreements with you. These agreements will clearly define the scope of work, deliverables, timelines, fees, and any other specific terms relevant to that particular engagement. In the event of any conflict between these Terms and a separate written agreement, the terms of the separate agreement shall prevail with respect to the subject matter of that agreement.
5.4. Generative AI Limitations: You acknowledge that the generative video AI features are based on complex algorithms and machine learning models. The output generated by these features may not always be perfect, accurate, or suitable for your specific needs. Pebble does not guarantee the quality, originality, or fitness for purpose of any content generated using these AI tools. You are responsible for reviewing and editing any AI-generated content to ensure it meets your requirements and complies with these Terms and applicable laws.
6. Acceptable Use Policy
You agree to use the Platform in a manner that is lawful, respectful, and in accordance with these Terms. You will not:
Use the Platform for any illegal or unauthorized purpose.
Infringe upon the intellectual property rights of Pebble or any third party.
Upload, transmit, or distribute any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
Interfere with or disrupt the operation of the Platform or the servers or networks used to make the Platform available.
Attempt to gain unauthorized access to any portion of the Platform or any other accounts, computer systems, or networks connected to the Platform.
Use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission.
Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, could harm Pebble or users of the Platform or expose them to liability.
Use the generative video AI features to create content that violates these Terms or any applicable laws or regulations.
7. Intellectual Property
7.1. Pebble IP: The Platform and its original content, features, and functionality (including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and the design, selection, and arrangement thereof) are owned by Pebble or its licensors and are protected by copyright, trademark, patent, and other intellectual property laws.
7.2. Limited License: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your internal business purposes in accordance with these Terms.
7.3. Restrictions: You may not reproduce, modify, distribute, display, perform, create derivative works from, decompile, reverse engineer, or otherwise exploit any part of the Platform or its content without our express written permission.
7.4. Trademarks: "Pebble" and the Pebble logo are trademarks of Pebble. You may not use these or any other Pebble trademarks without our prior written consent.
7.5. Use of AI services: We integrate third-party AI services to improve our service offerings and workflow. You agree to indemnify us from any liability should the content you upload to Pebble might be used by these platforms for training or otherwise.
8. Fees and Payment
8.1. Subscription Plans: Access to certain features and functionalities of the Platform may require you to subscribe to a paid plan. The fees and features associated with each plan will be clearly outlined on our pricing page. Unless otherwise stated, all fees are in Singapore Dollars (USD).
8.2. Payment Terms: You agree to pay all applicable fees for your chosen subscription plan in accordance with the payment terms presented to you. All fees are non-refundable.
8.3. Billing: You authorize us to charge your chosen payment method for the applicable fees. Recurring subscription fees will be billed automatically on a periodic basis (e.g., monthly or annually) until you cancel your subscription.
8.4. Changes to Fees: We reserve the right to change our fees at any time. We will provide you with reasonable prior notice of any changes to subscription fees. Your continued use of the Platform after the fee change becomes effective constitutes your agreement to pay the revised fees.
8.5. Taxes: You are responsible for any applicable sales, use, value-added tax (VAT), or other taxes or duties arising from your use of the Platform.
8.6. Cancellation: You can cancel your subscription at any time through your account settings. Your cancellation will be effective at the end of your current billing cycle. We do not provide refunds for any partial subscription periods.
9. Third-Party Links and Services
The Platform may contain links to third-party websites or services that are not owned or controlled by Pebble. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Pebble is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any third-party websites or services. We encourage you to review the terms and conditions and privacy policies of any third-party websites or services that you visit.
10. Disclaimer of Warranties
THE PLATFORM AND ITS SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
PEBBLE DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PEBBLE DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE PLATFORM. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK.
YOU ACKNOWLEDGE AND AGREE THAT THE USE OF GENERATIVE AI FEATURES MAY RESULT IN OUTPUT THAT IS NOT UNIQUE, MAY CONTAIN ERRORS, OR MAY INFRINGE UPON THE RIGHTS OF THIRD PARTIES. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING AND ENSURING THE LEGALITY AND APPROPRIATENESS OF ANY CONTENT GENERATED USING THESE FEATURES.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PEBBLE, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE PLATFORM OR ANY CONTENT THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF PEBBLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL PEBBLE'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM EXCEED THE AMOUNT YOU PAID TO PEBBLE (IF ANY) IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED SINGAPORE DOLLARS (SGD $100), WHICHEVER IS GREATER.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PEBBLE AND YOU.
12. Indemnification
You agree to indemnify, defend, and hold harmless Pebble, its affiliates, directors, officers, employees, agents, suppliers, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your use of or access to the Platform; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any rights of a third party, including without limitation any intellectual property rights or privacy rights.
13. Governing Law and Dispute Resolution
13.1. Governing Law: These Terms shall be governed by and construed in accordance with the laws of Singapore, without regard to its conflict of law principles.
13.2. Dispute Resolution: Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be subject to the exclusive jurisdiction of the courts of Singapore. You hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the courts of Singapore.
14. Service Level Agreement (SLA)
For customers with Enterprise or Custom plans, Pebble may provide a Service Level Agreement (SLA) that outlines specific commitments regarding the availability and performance of the Platform. The terms and conditions of any such SLA will be detailed in a separate written agreement between Pebble and the customer. In the event of any conflict between these Terms and the terms of the SLA, the SLA shall govern with respect to the specific services covered by the SLA.
15. Indemnification Related to Generative AI Output
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Pebble and Stashally Pte. Ltd., including their affiliates, directors, officers, employees, agents, suppliers, and licensors, from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your use of the generative video AI features of the Platform, including but not limited to any claims that the output generated by the generative video AI features infringes upon the intellectual property rights, privacy rights, publicity rights, or other rights of any third party. This indemnification obligation shall apply regardless of whether or not Pebble or Stashally Pte. Ltd. was negligent in the provision of the generative video AI features.
16. External Factors and Downtime
Pebble shall not be responsible or liable for any downtime, interruptions, or delays in the availability of the Platform that are caused by events or factors beyond our reasonable control, including but not limited to:
Failures or disruptions of internet service providers or other telecommunications providers.
Network outages or congestion.
Power outages.
Natural disasters, acts of God, war, terrorism, riots, or other force majeure events.
Denial-of-service attacks, hacking, or other malicious cyberattacks.
The actions or inactions of third-party service providers upon whom we rely for infrastructure and services.
17. Modifications to the Terms
Pebble reserves the right to modify or update these Terms at any time in its sole discretion. We will provide notice of any material changes to these Terms by posting the updated Terms on the Platform or by other reasonable means. Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically for any updates or changes.
18. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published by us on the Platform, constitute the entire agreement between you and Pebble concerning the Platform and supersede all prior and contemporaneous communications, agreements, representations, and warranties, both oral and written, with respect to the Platform.
19. Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
20. Waiver
No waiver of any provision of these Terms shall be effective unless explicitly set forth in writing and signed by Pebble. No failure or delay by Pebble in exercising any right, power, or remedy under these Terms shall operate as a waiver of such right, power, or remedy.
21. Contact Us
If you have any questions about these Terms, please contact us at:
Stashally Pte Ltd. - Pebble
Singapore
Email: [email protected]
Support & Contact Details: pebble.by/docs
