These Pathclip Terms of Service (this "Agreement") are entered into by Moontech Marketing (Finnish Business ID 3302833-3), operating as Pathclip.io ("Pathclip," "we," "us," or "our") and you ("You" or "Customer"). This Agreement governs Your use of the Pathclip interactive video popup service (the "Service").
Pathclip offers various service plans for the Service (each a "Plan") that provide different functionality, features, and usage limits. You are free to select the Plan that best suits Your needs and the website(s) (the "Website") on which You intend to use the Service.
Two subscription options are available:
Option A: Cancel Anytime Subscription
Option B: 12-Month Contract
Pathclip may, at its discretion, allow you to upgrade or downgrade your Plan during the term. Plan changes may affect your contract term and pricing.
By submitting a URL identifying any Website to Pathclip, You represent and warrant that You are either the owner/administrator of the respective Website or that You have the necessary permissions or authorizations to install the Service on that Website.
Pathclip does not guarantee that any particular Website is suitable for the Service. Pathclip reserves the right to refuse, in its sole discretion, any request for Service by any party for any reason.
Once approved, You can implement the Service by including the specified script in the source code of Your Website in accordance with the installation guidelines provided by Pathclip.
Pathclip retains title and all intellectual property rights in and to the Service scripts and code. Pathclip grants You a limited, non-exclusive, non-transferable license during the term of this Agreement to use and reproduce the scripts on Your Website for the sole purpose of integrating, accessing, and using the Service in compliance with this Agreement. You agree to remove all Pathclip scripts from Your Website upon termination of this Agreement.
You shall not, and shall not authorize any third party to:
(a) Use the Service in breach of this Agreement;
(b) Use the Service for any illegal, infringing, or inappropriate purposes;
(c) Submit to Pathclip any Website or material that:
(d) Engage in any action or practice that reflects poorly on Pathclip or otherwise disparages or devalues Pathclip's reputation or goodwill;
(e) Resell, assign, or transfer any of Your rights hereunder without Pathclip's prior written consent;
(f) Attempt to reverse engineer, decompile, or disassemble any aspect of the Service;
(g) Use the Service to collect personally identifiable information without proper user consent and privacy disclosures.
You agree to notify Pathclip without undue delay of any known or suspected improper or wrongful use of the Service.
Pathclip reserves the right to change or discontinue the Service, any Plan, pricing, or any terms and conditions at any time. Pathclip will strive to inform You in advance by email, through the Service interface, or by other reasonable means of any changes that materially affect Your use of the Service.
Price Changes:
Service Modifications:Other changes to features, functionality, or terms will be communicated with reasonable advance notice where practicable.
You are solely responsible for all videos, images, text, links, and other content and materials (collectively, "Content") that You upload, create, or display through the Service. You retain all ownership rights to Your Content.
You represent and warrant that:
You grant Pathclip a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, modify, adapt, and display Your Content solely for the purposes of:
Pathclip acts as a hosting platform for Your Content and interactive video popups. Pathclip does not control, review, or endorse the Content uploaded by users. You acknowledge that Pathclip may disable Your Service or remove Content following receipt of a takedown notice, upon discovering prohibited content, or for any other legitimate reason.
All fees are quoted and payable in either USD or EUR, depending on Your selected currency at the time of subscription.
For Cancel Anytime Subscriptions:
For 12-Month Contracts:
All payments are processed through Stripe, our third-party payment processor. You represent and warrant that You have the necessary permissions or authorizations to use the credit card or other payment method associated with Your account and to pay the fees charged by Pathclip.
By providing payment information, You agree to Stripe's terms of service and authorize Pathclip to charge Your payment method for all fees incurred under this Agreement.
Any outstanding balance becomes immediately due and payable. If payment fails or is not received within seven (7) days of the due date, Pathclip reserves the right to suspend or disable Your Service, including all interactive video popups on Your Website(s), until payment is successfully processed.
You are liable for all collection costs, legal fees, and other expenses arising from the collection of unpaid fees.
Pathclip is not responsible for any damages, losses, or consequences resulting from service suspension due to non-payment.
For EU Customers:
For Non-EU Customers:
You are solely responsible for determining and paying all applicable taxes, levies, and duties. If Pathclip is required to pay or collect taxes for which You are responsible, You will be invoiced for such amounts and agree to pay them promptly.
VAT Registration: Pathclip is registered for VAT in Finland. VAT Number: FI33028333
Pathclip owns all rights, title, and interest in and to the Service, including all intellectual property rights. This includes but is not limited to:
You shall not remove, alter, or obscure any copyright, trademark, or other proprietary rights notices incorporated in or accompanying the Service.
Subject to the license granted to Pathclip in Section 2.2, You retain all rights, title, and interest in Your Content and Website.
Pathclip respects intellectual property rights. If You believe Your intellectual property rights have been violated in connection with the Service, please contact us with the following information:
(a) Identification of the copyrighted work or intellectual property claimed to have been infringed;
(b) Identification of the allegedly infringing material and information sufficient to locate it;
(c) Your contact information (address, telephone number, email address);
(d) A statement that You have a good faith belief that the disputed use is not authorized by the rights owner, its agent, or the law;
(e) A statement, under penalty of perjury, that the information in Your notice is accurate and that You are the rights owner or authorized to act on behalf of the rights owner;
(f) Your physical or electronic signature.
Your use of the Service is subject to Pathclip's Privacy Policy, which is incorporated into this Agreement by reference. You are responsible for complying with all applicable data protection and privacy laws, including obtaining necessary consents from end users whose data may be collected through Your use of the Service.
You represent and warrant that:
PATHCLIP STRIVES TO PROVIDE RELIABLE SERVICE, BUT THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
PATHCLIP DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
Pathclip does not guarantee uninterrupted or error-free operation and may suspend the Service temporarily for maintenance or other reasons.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PATHCLIP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, WHETHER IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF PATHCLIP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
PATHCLIP'S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO PATHCLIP IN THE 12 MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED EUROS (€100), WHICHEVER IS GREATER.
Nothing in this Agreement limits liability for:
Pathclip shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to: acts of God, natural disasters, pandemics, war, terrorism, riots, strikes, power outages, internet disruptions, or failures of third-party service providers.
You agree to indemnify, defend, and hold harmless Pathclip, its affiliates, subsidiaries, officers, directors, employees, agents, and partners from and against any and all third-party claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney's fees) arising from or relating to:
(a) Your use of the Service;
(b) Your Content or Website;
(c) Your violation of this Agreement;
(d) Your violation of any law or regulation or the rights of any third party.
Pathclip reserves the right to assume the exclusive defense and control of any matter subject to indemnification by You, and You agree to cooperate with Pathclip's defense of such claims.
For Cancel Anytime Subscriptions:You may cancel Your subscription at any time through Your account settings or by contacting Pathclip support. Cancellation will take effect at the end of the current billing period. You will not receive a refund for the remaining days in Your billing period.
For 12-Month Contracts:
Pathclip may terminate or suspend Your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:
(a) Your breach of this Agreement;
(b) Suspected fraudulent, abusive, or illegal activity;
(c) Non-payment of fees;
(d) Extended periods of inactivity.
If Pathclip terminates Your 12-month contract for reasons not attributable to Your breach, and You have paid upfront for the full term, Pathclip will refund a prorated portion of the fee for the unused months.
Upon termination:
Sections 3 (Payment Terms), 4 (Intellectual Property), 6 (Disclaimers), 7 (Limitation of Liability), 8 (Indemnification), and this Section 9 shall survive termination.
If You and Pathclip have entered into a separate written agreement, You agree not to disclose the terms of that agreement to any third party without Pathclip's prior written consent.
Pathclip may use Your company name and logo as a reference in marketing materials, case studies, and customer lists unless You opt out by providing written notice. You may publicly identify yourself as a Pathclip customer.
Pathclip may modify this Agreement at any time by posting the revised terms on our website or by providing notice through the Service or via email. Continued use of the Service after such changes constitutes Your acceptance of the modified Agreement.
For 12-month contracts, material changes (excluding pricing) will take effect upon Your renewal date unless You are notified otherwise.
This Agreement, together with any referenced policies and any separate written agreement between You and Pathclip, constitutes the entire agreement between the parties regarding the Service and supersedes all prior agreements, representations, and understandings.
Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship between You and Pathclip. Each party is an independent contractor.
The failure of either party to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
You may not assign or transfer this Agreement or any rights hereunder without Pathclip's prior written consent. Pathclip may assign this Agreement to any affiliate or successor entity at any time without notice.
All notices under this Agreement shall be sent to the email address associated with Your account or to Pathclip at [insert contact email]. Notices are deemed received when sent.
This Agreement shall be governed by and construed in accordance with the laws of Finland, excluding its conflict of law provisions.
Dispute Resolution:
Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or validity thereof, shall be resolved as follows:
The arbitrator's decision shall be final and binding on both parties, and judgment on the award may be entered in any court having jurisdiction.
For questions about these Terms and Conditions, please contact us at:
Pathclip.io
Legal Entity: Moontech Marketing
Email: admin@pathclip.io
Business Address: Fallpackantie 1A 1, Helsinki, 00980, Finland
Finnish Business ID: 3302833-3
VAT Number: FI33028333
By using the Pathclip Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.