1. The Software.

The Vids365 application, here and after the “Software” is intended to perform tests of video download quality and speed. The following are the terms of use (the "Terms") for use of the Software. By installing the Software you acknowledge that you have read, understood and agree with all terms and conditions of these Terms and be liable for any violations of these Terms. If you are an individual acting as a representative of a corporation or other legal entity which agrees to install the Software, then you represent and agree that you have the authority to accept these Terms on behalf of such corporation or other legal entity and that all provisions of these Terms will bind that corporation or other legal entity as if it were a party to these Terms.

Before you put a checkmark next to the “I agree to the terms and conditions of this agreement” or proceed without unchecking a checkmark next to the option allowing installation the Software as a bundle (if you install it with other software) and click on the “next” button, carefully read current terms and conditions, as such actions express your consent regarding the Terms. If you do not agree to all of the Terms, click the “next” button or uncheck the option allowing installation the Software as a bundle(if you install it with other software) and the Software will not be installed on your computer.

2. The web-site.

For the purposes of this Terms, the “Site" shall mean the Internet website maintained by or on behalf of Vids365 from which the Software is available for download. The Site is currently located at www.vids365.com.

3. Privacy

You are never required to provide us with your personal information via the Software. The Software does not collect and does not store any personal information at our premises. This Site receives information that is automatically generated by a user’s Internet service provider (ISP), browser, or mobile device. This information may include the IP address (a number automatically assigned to a computer by the ISP), the associated URLs, domain types, the browser type used to access our Site, the pages of our Site that the user views, any search terms entered on this Site, and the user’s website address and email address. This information may be collected for system administration purposes to monitor the level of activity on the Site. Upon the registration certain information is requested but not mandatory to provide. We will identify to you at the time of collection which information fields are required.

4. Attribution

By using Vids365, you acknowledge that all data obtained through the Software remains the intellectual property of it creators.

The Software may have access to some video content that is not related to Vids365 in order to perform load and speed tests of video servers. This content is the sole responsibility of the entity that makes it available.

These operations are performed on the background and do not require users attention. It may insignificantly use computing and bandwidth capacity, but shall not affect user’s computer experience.

5. Source Code.

You acknowledge that the source code for the Software is proprietary to Vids365 and constitutes trade secrets of Vids365. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software in any way.

6. Restrictions

All rights in and to the Software not expressly granted to you in these Terms and all intellectual property rights therein are reserved and retained by Vids365. Without limiting the generality of the foregoing, you agree not to (and not to allow any third party to): (i) sublicense, distribute, or use the Software outside of the scope of these Terms; (ii) copy, modify, reproduce, adapt, translate or otherwise create derivative works of the Software or any documentation related thereto; (iii) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software or any part thereof, except as expressly permitted by the law in effect in the jurisdiction in which you are located; (iv) rent, lease, license, sell, assign or otherwise transfer rights in or to the Software or any part thereof; (v) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the Software for any purpose without the express written consent of Vids365; (vi) register, attempt to register, or assist anyone else to register any trademark, trade name, service marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with Vids365 other than in the name of Vids365; (vii) remove, obscure or alter any notice of copyright, trademark or other proprietary notices or labels placed on the Software; (viii) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Software.

7. Updates

During the Terms, you may download Updates to the Software when and as Vids365 publishes them in its website or through other online services. Notwithstanding any provision to the contrary herein, nothing in this Agreement shall be construed as to grant you any rights or licenses with regard to the New Releases of the Product or to entitle you to any New Release. Vids365 may provide and the Software may download updates automatically without notice.

8. Disclaimer of Warranties

Use of the Software and any reliance by you upon it, including any action taken by you because of such use or reliance, is at your sole risk. Vids365 does not warrant that the Software will be uninterrupted or free of errors and bugs; nor does it make any warranty as to the results that may be obtained from presence of the Software on your computer. Vids365 may make improvements and/or changes in the Software at any time. Vids365 makes no representations as to the suitability, reliability, availability, timelines, and accuracy of the Software. The Software provided “AS IS” and “AS AVAILABLE”, “WITH ALL FAULTS” and Vids365 disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

Vids365 does not warrant that the Software will meet your expectations; or that detects, if any, will be corrected. Applicable law may now allow the exclusion of implied warranties, so the above exclusions may not apply to you in this regard.

Your sole and exclusive remedy for any failure or nonperformance of the Software shall be for Vids365 to use commercially reasonable efforts to adjust or repair the Software.

9. Limitation of Liability

To the extent permitted by applicable law, in no event shall Vids365 be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, or any damages whatsoever, including, but not limited to loss of use, sales, data, profits loss of or damage to business, loss of contracts or loss of customers, knew or should have known that such damages were possible and even if direct damages do not satisfy a remedy.

You further agree that we shall have no responsibility for any damages suffered by you in connection with loss of data, errors, system down time, network or system outages, communications line failure, file corruption, or service interruptions caused by the negligence of either us or our subcontractors and service providers, all in irrespective of the theory upon which any claim may be based, even if we have been advised of the possibility of such damages.

10. Modifications to TERMS.

Vids365 reserves the right to modify these Terms (for example, in order to reflect changes to the law or changes to the Software). You are responsible for regularly reviewing these Terms, and your use of the Software will be deemed as acceptance of these Terms. If you do not agree to the modified terms for Software, you should discontinue presence of the Software on your computer.