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Lyceum Technologies Terms & Conditions

Terms of Service

Effective August 01, 2024

These Terms of Service (“Terms”) describe the terms under which Lyceum Technologies, Inc. (hereinafter also referred to as “Lyceum”, “We”, “Our” “Us”) provides an individual or entity, who subscribes to Our Service(s) (hereinafter also referred to as “You”, “Your”, “Yourself”) and their Users, access to and use of Our Service(s).

By accessing and/or using Our Service,

  • You agree to be bound by these Terms,
  • You warrant to Us that You have the legal capacity to enter into these Terms, and
  • That, in the event You are entering into these Terms on behalf of any entity/company or its group, You possess the requisite authority to bind such entities, company or its groups to these Terms. If You do not agree to these Terms, You should immediately cease using our Service(s).

You and Us will be individually referred to as “Party” and collectively as “Parties”.

  1. YOUR RIGHTS
    1. Right to use the Service(s) excluding Script Assist: Subject to Your compliance with these Terms and solely during the Subscription Term, You shall have the limited, non-exclusive, non-transferable, revocable right to access and use the Services excluding Script Assist for Your internal business purposes in accordance with the Subscription Plan.
    2. Right to use Script Assist: If You have chosen to use Script Assist as part of the Subscription Plan, You shall have the limited, non-transferable, non-exclusive, non-sublicensable right to use Script Assist to generate scripts for Customer Content(s) for Your internal business purposes. The Supplemental Terms under Clause 14 of these Terms shall apply to Your use of Script Assist, in addition to the rest of these Terms (referred to as “Script Assist – AI Terms”).
  2. SERVICES
    1. Lyceum offers the Services through Lyceum’s online proprietary technology platform, named “Hippo Video” through Our Website and a Chrome extension. The Services shall be inclusive of Hippo Video email plugins, Hippo Video Chrome extension or any other web application(s).
    2. Lyceum reserves the right to enhance or modify features of the Services at any time, but will try not to materially reduce core functionality. Any enhancements, new features, or updates (“Updates”) to the Services are also subject to these Terms.
  3. CUSTOMER RESPONSIBILITIES
    1. Each User shall be identified using unique login information such as usernames and passwords (“User Login”) and such User Login shall be used only by one individual.
    2. Acceptable Use of Service(s): You agree not to (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Services available to any third party, other than Users in furtherance of Your internal business purposes as expressly permitted by these Terms; (b) modify, adapt, or hack the Services or otherwise attempt to gain or gain unauthorized access to the Services or related systems or networks; (c) use the Services to Process Customer Data in violation of applicable laws and regulations, including but not limited to violation of any person’s privacy rights, export control laws/regulations; (d) use the Services to store or transmit any content that infringes upon any person’s intellectual property rights or is unlawful, racist, hateful, abusive, libellous, obscene, or discriminatory; (e) use the Services to knowingly post, transmit, upload, link to, send or store any viruses, malware, trojan horses, time bombs, or any other similar harmful software; (f) use the Services for the purposes of cookie tracking, ad exchanges, ad networks or data brokerages; (g) “crawl,” “scrape,” or “spider” any page, data, or portion of or relating to the Services (through use of manual or automated means) ; (h) access the Service(s) for purposes of creating derivative works based on, or developing or operating products or services for third-parties in competition with the Service(s); (i) use, further share or modify Customer Content: to create risks to a person’s safety or health, for any unlawful, defamatory, disparaging, libelous, threatening, pornographic, harassing, hateful, religiously, racially or ethnically offensive purpose, to encourage any conduct that would be considered a criminal offense, gives rise to civil liability, or violates any law or regulation, or that involves theft or terrorism.
    3. You or Your User can upload their own videos, images, or voices to generate personalised avatars and synthesize voice through audio training (“Custom Avatars”). Where You or the User upload any videos, images or voices of third-party, You are responsible to ensure that (a) the individual is eighteen (18) years of age or over, of full legal capacity and (b) they obtain necessary authorizations, written approvals, and permissions for uploading the videos, pictures or voices of any third party and on request by Lyceum agree to provide Lyceum with such written approval. You are responsible to ensure that the voice, pictures and videos uploaded for Custom Avatar shall not violate the intellectual property rights of any third party or their right to privacy. Lyceum reserves the right to delete the Custom Avatar if it receives any request from an individual whose image or voice has been used for the purpose of generating the Custom Avatar.
  4. INTELLECTUAL PROPERTY RIGHTS
    1. Services: Except for the rights granted to You under Clause 1, all rights, title and interest in and to all intellectual property and/or proprietary rights, title and interest in or related to the Services, including patents, inventions, copyrights, trademarks, domain names, trade secrets or know-how shall belong to and remain exclusively with Lyceum.
    2. Feedback: Lyceum shall have a right and license to incorporate into the Services or otherwise use any suggestions, enhancement requests, recommendations or other feedback it receives from You.
    3. Customer IP: You own all rights, title and interests in and to the Customer Data and Customer Content. You hereby grant Lyceum an irrevocable, perpetual, non-exclusive, transferable, and a worldwide license (with the right to sublicense) to use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt and distribute (through multiple tiers), Customer Data and Customer Content solely for the purpose of providing, maintaining and improving the Services. Except for the right expressly granted to Lyceum herein, You do not grant any ownership rights to the material created by You to Lyceum. Lyceum respects Your ownership rights in the content created or stored by You when using the Services.
    4. You may transmit or publish any Customer Content created by You while using the Services. However, You shall be solely responsible for such Customer Content and the consequences of its transmission or publication. You are responsible for ensuring that You do not make any of their private content publicly available.
  5. THIRD-PARTY SERVICES
    1. Lyceum may provide integration of Services with any Third-Party Services. In such a scenario, the features and functionalities of the Services may rely on the accuracy of the data provided by such third parties and proper functioning of such third-party systems. Lyceum shall not be liable for any failure of the features and functionalities of the Software arising out of such inconsistencies, failures of the third-party systems.
    2. You acknowledge and agree that Your use of Third-Party Services will be subject to the terms and conditions and privacy policies of such third-party and that Lyceum shall not be liable for Your enablement, access or use of such Third-Party Services, including Processing of Customer Data by such third-party. You should contact that Third-Party Service provider for any issues arising in connection with use of such Third-Party Service.
    3. The stock images and videos in our library are licensed from third-party sources. By using these images, you agree to the following terms:
      1. License Grant: You are granted a limited, non-exclusive, non-transferable license to use the images solely for the Customer’s internal business
      2. Prohibited Uses: You may not sell, modify, re-use, re-sell the Content on a stand-alone basis or use the images in any defamatory, obscene, or illegal manner. Modification or alteration of the images is prohibited without prior written consent.
      3. Intellectual Property Rights: The third-party source retains all intellectual property rights in the images. You do not acquire ownership rights by using these images.
      4. Indemnification: You agree to indemnify and hold Lyceum harmless from any claims arising from your use of the images.
      5. Termination: Your access to the account may be terminated if you breach any of these terms.
  6. CHARGES AND PAYMENT
    1. All charges associated with Your Account (“Subscription Charges”) shall be as set forth in the Subscription Plan opted by You. All Subscription Charges are due in full and payable in advance when You subscribe to the Services.
    2. The Subscription Charges for access and use of the Service will be billed to Your credit card, provided during the registration process, at the beginning of every month/quarter/year as chosen by You in the applicable Subscription Plan.
    3. You hereby authorize Lyceum or Lyceum’s authorized agents, as applicable, to bill You upon Your subscription to the Services (and any renewal thereof) to Your credit card or any other payment instrument.
    4. All Subscription Charges are non-refundable. No refunds shall be issued for partial use or non-use of the Services by You.
    5. Lyceum must receive payments within a maximum of ten (10) days from the date of Lyceum’s invoice. Lyceum will notify You if Lyceum does not receive payment towards the Subscription Charges within the due date for Your Account. Lyceum must receive payment within five (5) days of such notice, failing which, in addition to its right to other remedies available under law, Lyceum may (i) charge an interest for late payment @ 1.5% per month and/or; (ii) suspend Your access to and use of the Services until Lyceum receives Your payment towards the Subscription Charges as specified herein and/or; (iii) terminate Your Account.
    6. Unless otherwise stated, the Subscription Charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction.
  7. TERM, TERMINATION AND SUSPENSION
    1. The Subscription Term shall be set forth in the Subscription Plan.
    2. Termination by You: You may terminate the subscription to the Services at any time which would be effective at the end of the active subscription period. You may terminate one or more of the Account(s) in the event Lyceum materially breaches these Terms, provided that You provide advance notice of such breach to Lyceum and afford Lyceum not less than thirty (30) days to cure such breach. In case of such termination by You for material breach by Lyceum, Lyceum shall, pro-rata, refund the Subscription Charges for the remainder of the Subscription Term. You may also terminate the subscription to the Services at any time which would be effective at the end of the active subscription period.
    3. Suspension and Termination by Lyceum: In addition to suspension for late payment or non-payment of Subscription Charges, Lyceum may suspend Your access to and use of Your Account or the Services if You are in violation of these Terms. Lyceum will notify You if Your activities violate these Terms and, at Lyceum’s sole discretion, Lyceum may provide You with a period of thirty (30) days (“Cure Period”) to cure or cease such activities. If You fail to cure or cease such activities within said Cure Period or if Lyceum believes that such breaches cannot be cured, Your Account shall be terminated.
    4. Termination for Insolvency: Notwithstanding anything contained herein, either Party may terminate these Terms without notice if the other Party becomes insolvent, makes or has made an assignment for the benefit of creditors, is the subject of proceedings in voluntary or involuntary bankruptcy instituted on behalf of or against such Party (except for involuntary bankruptcies which are dismissed within sixty (60) days), or has a receiver or trustee appointed for substantially all of its property.
    5. Effect of Terminating Your Account: Following the termination of Your Account either by You or Lyceum, You may export Customer Data and Customer Content from the Services within thirty (30) days of effective termination of Your Account (“Data Retention Period”), beyond which period Lyceum may delete all Customer Data, Custom Avatars and Customer Content. You may reactivate Your terminated Account within such Data Retention Period unless the termination is by Lyceum.
  8. CONFIDENTIALITY
    1. If You choose or are provided with a User identification code, login, password, or any other piece of information as part of Lyceum’s security procedures, You must treat such information as confidential. You must not disclose it to any third party. Lyceum shall have the right to disable any User identification code or password, whether chosen by You or allocated by Lyceum, at any time, if in Lyceum’s reasonable opinion, You have failed to comply with any of the provisions of these Terms. Lyceum will not be responsible for any activities, including any attempted or actual access or loss of data occurring in Your Account as a result of Your non-compliance of obligations under this Clause.
    2. Confidentiality obligations: Each of the Parties will protect the other’s Confidential Information from unauthorized use, access, or disclosure in the same manner as each of the Parties protects its own Confidential Information, and in any event, no less than reasonable care. Except as otherwise expressly permitted pursuant to these Terms, each of the Parties may use the other’s Confidential Information solely to exercise its respective rights and perform its respective obligations under these Terms and shall disclose such Confidential Information solely to those of its respective employees, representatives, and agents who have a need to know such Confidential Information for such purposes and who are bound to maintain the confidentiality of, and not misuse such Confidential Information. The provisions of this Clause shall supersede any non-disclosure agreement by and between the Parties entered prior to these Terms that would purport to address the confidentiality of Your Personal Data and such agreement shall have no further force or effect with respect to Your Personal Data.
  9. DATA PROTECTION AND PRIVACY
    1. You understand and acknowledge that, in connection with the use of the Services, Lyceum Processes any Personal Data of the Users for creation of account and authentication into the Service, respond to support requests or to send them promotional communication about the Service(s) in accordance with Hippo Video’s Privacy Policy available at Privacy Policy. Except for the foregoing, You acknowledge that, in connection with the use of the Services by You or Your Users, Lyceum Processes any Personal Data forming a part of the Customer Data, only on Your behalf as a data processor.
    2. You acknowledge and agree that Lyceum may access or disclose information about You, Your Account, and Your Users in order to comply with the law or respond to lawful requests or legal process or prevent any infringement of Lyceum’s customers’ or Lyceum’s proprietary rights. Further, at Lyceum’s sole discretion, any suspected fraudulent, abusive, or illegal activity by You may be referred to law enforcement authorities.
    3. Lyceum shall use appropriate technical and organizational measures to protect the Customer Data. The measures used are designed to provide a level of security appropriate to the risk of Processing the data. Lyceum shall ensure that any person authorized by Lyceum to Process Customer Data shall protect it in accordance with Lyceum’s confidentiality obligations under these Terms.
    4. Lyceum shall reasonably assist You, at Your expense, to enable You to respond to any request from a data subject to exercise any of the data subjects’ rights under applicable data protection law (including its rights of access, correction, objection, erasure and data portability, as applicable). In the event that any such request, correspondence, enquiry or complaint is made directly to Lyceum, Lyceum shall promptly inform You providing full details of the same.
    5. Lyceum shall, without undue delay, notify You of any accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Your Personal Data processed by Lyceum.
    6. Lyceum shall reasonably assist You, at Your expense, in meeting Your obligations under applicable data protection laws.
  10. DISCLAIMER OF WARRANTIES
    1. THE SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED.
    2. YOU ACKNOWLEDGE THAT LYCEUM DOES NOT WARRANT THAT THE ACCESS TO THE SERVICES, WHICH IS PROVIDED OVER INTERNET AND VARIOUS TELECOMMUNICATIONS NETWORKS, ALL OF WHICH ARE BEYOND LYCEUM’S CONTROL, WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE.
  11. LIMITATION OF LIABILITY

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO ANY PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST SALES, LOST GOODWILL, LOSS OF USE OR LOST CONTENT, IMPACT ON BUSINESS, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE, EVEN IF EITHER PARTY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LYCEUM’S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS, RELATING TO THE SERVICE, WILL BE LIMITED TO AN AMOUNT EQUAL TO THE LOWER OF (A) TWELVE MONTHS OF THE SUBSCRIPTION CHARGES FOR THE SERVICE(S) TO WHICH THE CLAIM RELATES; OR (B) THE SUBSCRIPTION CHARGES PAID BY CUSTOMER, FOR THE SERVICE(S) TO WHICH THE CLAIM RELATES PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY.

  12. INDEMNITY

    You will indemnify and hold Lyceum harmless against any claim brought by a third party against Lyceum, and its respective employees, officers, directors and agents arising from Your acts or omissions in connection with Clause 3 of these Terms provided that (a) Lyceum promptly notifies You of the threat or notice of such a claim, (b) You have or will have the sole and exclusive control and authority to select defence attorneys, defend and/or settle any such claim; and (c) Lyceum fully cooperates with You in connection therewith. You will have no obligation or liability with respect to any such claim arising out of the gross negligence or wilful misconduct of Lyceum.

  13. MISCELLANEOUS
    1. Entire Agreement and Revisions: These Terms and online policies incorporated herein by reference, contains the entire agreement and understanding of the Parties and supersedes all prior communications, discussions, negotiations, proposed agreements, and all other agreements between them, whether written or oral, concerning the subject matter herein. You are encouraged to periodically visit this page to review these Terms and any amendments or changes thereto. Lyceum may amend or change these Terms at any time. Lyceum will give You a notice of material changes in these Terms not less than 10 (ten) days prior to the date such revised Terms will take effect. Your continued use of the Service(s) after any such amendment signifies Your acceptance of such amendment.
    2. Assignment: You may not directly or indirectly, assign all or any part of these Terms or Your rights under these Terms or delegate performance of Your duties under these Terms without the prior written consent of Lyceum. Subject to the foregoing restrictions, these Terms will be fully binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns.
    3. Severability; No Waiver: If any provision in these Terms is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by applicable law, and the remaining provisions of these Terms shall remain in effect. Lyceum’s non-exercise of any right under or provision of these Terms does not constitute a waiver of that right or provision of these Terms.
    4. Export Control You shall not export, directly or indirectly, any technical information or products using such information acquired from the other Party under these Terms to a location or in a manner that at the time of export requires an export license or other governmental approval, without first obtaining the written consent to do so in accordance with applicable law. You further agree not to use the Services for any purpose prohibited by applicable export laws and regulations, including without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technology.
    5. Relationship of the Parties: The Parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship among the Parties.
    6. Survival: All clauses which, by their nature are intended to survive, including without limitation Clauses 4 (Intellectual Property Rights), 6 (Charges and Payment), 8(Confidentiality), 10 (Disclaimer of Warranties), 11 (Limitation of Liability), 12 & 14.A.v (Indemnity), and 13(Miscellaneous), 15 (Definitions) shall survive any termination of Lyceum’s agreement with respect to use of the Services by You. Termination shall not limit either Party’s liability for obligations accrued as of or prior to such termination or for any breach of these Terms.
    7. Notices and Consent to Electronic Communications: All notices from Lyceum under these Terms may be delivered in writing (i) by nationally recognized overnight delivery service (“Courier”) or to the contact mailing address provided by You; or (ii) electronic mail to the e-mail address provided by You. Lyceum’s address for a notice is privacy@hippovideo.io by electronic mail. All notices shall be deemed to have been given immediately upon delivery by electronic mail, or if otherwise delivered upon receipt or, if earlier, two (2) business days after being deposited in the mail or with a Courier as permitted above.
    8. Publicity Rights: You hereby grant to Lyceum a royalty-free, worldwide, transferable license to use Your trademark or logo to identify You as a customer of Lyceum’s on the Websites, case studies and/or marketing collateral.
    9. Arbitration: Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by JAMS under its arbitration rules and procedures. There shall be a sole arbitrator who shall be jointly appointed by the Parties to the dispute and failing agreement on such appointment, the arbitrator shall be appointed by the appointing authority of JAMS. The place of arbitration shall be Delaware. Judgment on the award rendered by the sole arbitrator may be enforced by a court having competent jurisdiction.
    10. Governing Law and Jurisdiction: The Terms shall be governed under the laws of the State of Delaware, U.S.A., and subject to Clause 13.9 above, the courts in State of Delaware, New Castle County, shall have exclusive jurisdiction over all matters arising under these Terms.
  14. SUPPLEMENTAL TERMS:

    The Supplemental Terms below contains terms that are specific to certain features of the Service(s). For avoidance of doubt, in the event of a conflict or inconsistency between the rest of these Terms and these Supplemental Terms, these Supplemental Terms shall prevail.

    • SCRIPT ASSIST – AI TERMS
    • These terms apply to Your access and use of Script Assist.

      • Definitions:
        • “Input” refers to any Customer Data transmitted to the Service(s), through Your Account, to be processed by Script Assist, excluding any prompts generated by the Service.
        • “Output” refers to any output generated and returned to You or the User, as applicable, based on the Input.
        • “Script Assist” shall mean any machine learning capability or functionality made available by Lyceum, including without limitation any capability or functionality or otherwise identified by Lyceum as AI-powered, the use of which You may elect to avail as a part of the Services.
      • Acceptable Use:
        • You are solely responsible for the usage of the Output, including (i) complying with applicable laws; (ii) refraining from misleading any person that the Output was solely human-generated; (iii) refraining from making automated decisions that may have a detrimental impact on individual rights without appropriate human supervision, or (iv) usage in a manner that infringes, violates, or misappropriates any of Lyceum’s rights or the rights of any third party.
      • Intellectual Property Rights:
        • You shall retain all right, title, and interest (including all intellectual property rights) in and to the Input and the Output.
        • Lyceum shall have the right to process the Input and Output for the purpose of providing, maintaining and improving Script Assist.
      • Disclaimer of Warranties:
        • YOU ACKNOWLEDGE THAT (A) OUTPUT IS GENERATED BY MACHINE LEARNING CAPABILITIES AND FUNCTIONALITY AND THAT YOU OR THE USER USE IT AT THEIR OWN RISK AND THAT (B) LYCEUM MAKES NO WARRANTY OR GUARANTEE AS TO THE UNIQUENESS, ACCURACY, COMPLETENESS, OR RELIABILTY OF THE OUTPUT.
      • Indemnification:
        • You will indemnify and hold Lyceum harmless against any claim brought by a third party against Lyceum, and its respective employees, officers, directors and agents arising from Your acts or omissions in connection with Clause 14.A.ii of these Terms provided that (a) Lyceum promptly notifies You of the threat or notice of such a claim, (b) You have or will have the sole and exclusive control and authority to select defence attorneys, defend and/or settle any such claim; and (c) Lyceum fully cooperates with You in connection therewith.
  15. DEFINITIONS
    1. Account means an account or instance established for You to use or access the Service and also, if applicable, authorize the Users to use the Service.
    2. Affiliate means, with respect to a party, any entity that directly or indirectly controls, is controlled by, or is under common control with such party, whereby “control” (including, with correlative meaning, the terms “controlled by” and “under common control”) means the possession, directly or indirectly, of the power to direct, or cause the direction of the management and policies of such person, whether through the ownership of voting securities, by contract, or otherwise.
    3. Agent means any individual or entity (including Your Affiliates) who are authorized to use or access the Services through Your Account.
    4. APIs mean the application programming interfaces developed, enabled by or licensed to Lyceum that permits access to certain functionality provided by the Services.
    5. Customer Data means all electronic data including Personal Data, information, text, pictures, sound, voice, video, graphic which is owned or licensed by You, including the images and voices uploaded to generate Custom Avatars, that has been submitted to the Services by You or on Your behalf, through Your Account, for use on and distribution through the Services;
    6. Confidential Information means all information disclosed by one Party to the other Party which is in tangible form and labelled “confidential” (or with a similar legend) or which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. For purposes of these Terms, Customer Data shall be deemed Confidential Information. Notwithstanding the foregoing, Confidential Information shall not include any information which (a) was publicly known and made generally available in the public domain prior to the time of disclosure by the disclosing party; (b) becomes publicly known and made generally available after disclosure by the disclosing party to the receiving party through no action or inaction of the receiving party; (c) is already in the possession of the receiving party at the time of disclosure by the disclosing party as shown by the receiving party’s files and records prior to the time of disclosure; (d) is obtained by the receiving party from a third party without a breach of such third party’s obligations of confidentiality; (e) is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information, as shown by documents and other competent evidence in the receiving party’s possession; or (f) is required by law to be disclosed by the receiving party, provided that the receiving party shall, to the extent legally permitted, give the disclosing party written notice of such requirement prior to disclosing so that the disclosing party may seek a protective order or other appropriate relief.
    7. Documentation means any written or electronic documentation including the Software’s User guide, compilation instructions, requirements for the functioning of the Service(s), including manuals and computer-readable files regarding the installation, use, operation, functionality, troubleshooting, specifications and other technical information, sufficient for the purpose of usage of the Services, images, videos, text or sounds specifying the functionalities of the Services provided or made available by Lyceum to You.
    8. Customer Content(s) means any content including videos and/or images created by You using the Service(s).
    9. Personal Data means any information relating to an identified or identifiable natural person. that is submitted by You to the Services.
    10. Processing/ To Process means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
    11. Services shall mean services offered by Lyceum and shall include Hippo Video and other features and/or tools (as described in Clause 2) including but not limited to video marketing, video selling, video personalisation, video creation using Custom Avatars and any new services that Lyceum may introduce as a Service to which You may subscribe to and any updates, modifications or improvements to the Services, including individually and collectively, the Software, the API, Script Assist, and any Documentation;
    12. Sensitive Personal Information shall mean any information that relates to an individual’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health, or data concerning a natural person's sex life or sexual orientation. It also includes information about an individual's criminal offences or convictions, as well as any other information deemed sensitive under applicable data protection laws.
    13. Software means the Hippo Video software provided by Lyceum (either by download or access through the internet), including the Chrome extension, or webpage provided as Service and made accessible to You and their respective User to use subject to these Terms;
    14. Subscription Term means the period during which You have agreed to subscribe to the Services as specified in the Subscription Plan.
    15. Subscription Plan means the subscription plan including the pricing, usage limits, term or particular features and functionalities as detailed on the Website and updated by Us from time to time.
    16. Third Party Services means any third-party systems and/or Your internal network and systems, including any of Your vendors, and may connect to or enable in conjunction with the Services, including, without limitation, third party services which may be integrated directly into Your Account;
    17. User means those who are designated users within the Services, including an Account administrator, Agents and other designated users;
    18. Website means the websites owned and operated by Lyceum, including https://www.hippovideo.io , providing the information on the Software and Lyceum’s Services.