Terms

These terms apply to every contract about the use of Hypevideoshorts at hypevideoshorts.com between you and Moritz Bärwolf, Am Schlosspark 4, 45899 Gelsenkirchen, Germany ("we", "us"). You can reach us by email at moritz.baerwolf@outlook.de, through our contact form or by post. More details are in our legal notice.

You can use Hypevideoshorts as a consumer or for your business. You are a consumer if you conclude the contract for purposes that are mainly outside your trade, business or profession. Some rules below apply only to consumers; we say so where that is the case.

Hypevideoshorts is an online service for gaming creators. You upload your own gameplay recordings. Our software, which uses AI, analyzes a recording, writes a transcript, picks the best moments and cuts a finished gameplay video and shorts from it, with subtitles, titles and texts. You can edit the results and download them. What your plan includes, for example whether it includes the gameplay video and how many shorts you get per video, is shown on our pricing page.

Hypevideoshorts runs in a current web browser. You upload recordings as MP4 files of up to 8 GB each.

The results are made automatically and can contain errors, for example a misheard word in the subtitles or a cut you would have made differently. Check every result before you publish it. Your statutory rights in case of defects are not affected.

We do not publish anything for you. You decide what you publish and where, and you follow the rules of every platform you post on.

We delete your uploaded recording after the period stated in our privacy policy. After that, nothing new can be cut from it, so keep your own copy of every recording. Finished gameplay videos and shorts stay in your library until you delete them or your account.

To use Hypevideoshorts you need an account. You must be 18 or older. When you sign up, you confirm this.

Give true information, keep your login details secret and tell us at once if you think someone else is using your account. We send notices about your contract to the email address of your account.

Free trial: you conclude a contract for the free use of Hypevideoshorts when you sign up and agree to these terms. The free trial runs once per account, for a limited time and for a limited number of videos, as our pricing page shows.

Paid plan: these are the steps.

• On our pricing page you choose a plan and confirm the order dialog.
• You are taken to the checkout page of our payment provider Stripe. There you enter your payment details and see the plan and the price again. Before you order, you can check and correct all entries, or leave the page to stop.
• When you click the button to pay, you make a binding offer. The contract is concluded when we accept it by starting your plan. We then confirm the contract by email, together with these terms and the withdrawal policy.

A switch to a more expensive plan on the billing page is also a paid order (see "Changing your plan").

Some plans are limited in number. When a plan is sold out, you cannot order it.

The contract language is English. We do not keep a copy of your contract text for you to retrieve later. You receive it by email with the order confirmation; please save it.

What each plan includes, its monthly price and its monthly allowance of video minutes are shown on our pricing page. The plan description and the price shown when you order apply to your contract. A plan includes only what its description on the pricing page lists.

Processing a recording uses minutes from your allowance, as the pricing page and the app show. The free trial costs nothing; it counts videos instead of minutes, as the pricing page shows. Unless the pricing page says otherwise, minutes you have not used expire at the end of each billing period.

All prices are final prices. As a small business under § 19 of the German VAT Act (Umsatzsteuergesetz), we do not charge VAT.

Launch offer: for a limited time we may give a discount on the first month of a plan you buy through the checkout page. The pricing page shows the discount and when the offer ends. The discount applies only to that first billing period; after that you pay the regular price. Upgrades are not discounted.

Reserving a plan before buying opens is free and does not oblige you to buy.

You pay through Stripe. Stripe's checkout page shows the payment methods available to you. We never see your card or bank details.

Paid plans are paid monthly in advance: the first month when you order, then automatically at the start of each new billing period with the payment method you gave. On the billing page in your account you can change your payment method and see your invoices.

If a payment fails, Stripe tries again. Until the payment has gone through, you do not get the allowance for the new billing period. If the payment still fails, your paid plan can end. Your account then has no plan: your library stays open, but you need a plan to make new videos.

After the first month, your paid plan continues for an indefinite period, billed monthly in advance, until you or we cancel it. The free trial ends by itself when its time or its videos are used up. Your account then stays open until you delete it or we end it.

You can cancel a paid plan at any time for the end of the current billing period, or for the end of a later billing period if you name a later end date:

• on the billing page in your account,
• through our cancellation page, which is linked at the bottom of every page and works without signing in, or
• by email to moritz.baerwolf@outlook.de.

We confirm cancellations by email. If you name a later end date, your plan ends at the end of the billing period that includes that date. After an ordinary cancellation your plan keeps running until it ends, and until then you can take the cancellation back on the billing page, or by email if you named a later end date. After that you have no plan, and minutes left expire. Your library stays open.

You and we can each cancel for good cause without notice (extraordinary cancellation, § 314 of the German Civil Code). You can send an extraordinary cancellation through the same cancellation page, with your reason, or by email. We check it by hand and reply by email; your plan is not ended automatically. If the cancellation is valid, it takes effect at the time you stated, but not before we receive it; if you state no time, it takes effect at the earliest possible time. We refund what you paid in advance for the time after that.

We can cancel your contract by email with at least 30 days' notice, a paid plan only for the end of a billing period. Until the contract ends, you can download your gameplay videos and shorts.

Upgrade: a switch to a more expensive plan on the billing page is a new paid order. You pay the price of the new plan at once, minus a credit for the unused part of your current billing period; the billing page shows the amount before you confirm. Once the payment has gone through, the new plan applies, a new billing period starts that day, minutes left from your previous plan expire (unless you withdraw from the upgrade, see our withdrawal policy) and you get the allowance of the new plan. If the payment fails, your plan stays as it was; a switch to a cheaper plan that was waiting is cancelled, and you can choose it again.

Downgrade: a switch to a cheaper plan takes effect at the end of the current billing period. Until then you keep your current plan, and you can take the switch back on the billing page.

If you are a consumer, you have a statutory right of withdrawal for paid plans and for upgrades to a more expensive plan. Our withdrawal policy explains it and contains the model withdrawal form.

To withdraw, you can use the withdrawal function on our website, or send us a clear statement by email or letter. We confirm receipt by email.

Everything you upload stays yours. You give us only the rights we need to provide the service: to store, copy, analyze, transcribe, edit and render your uploads and the results, to deliver the results to you, and to pass them on for these purposes to the service providers named in our privacy policy. These rights are free of charge and not exclusive, and they end when you delete the content or your account.

We do not use your uploads or results to train AI models.

The gameplay videos, shorts, subtitles, titles and texts we make for you are yours to use. We claim no rights to them. Where any rights in them arise with us, we grant you the exclusive right to use them, free of charge and without limits in time, place or kind, also for commercial purposes, apart from the rights we need to provide the service as described above. This gives you no rights to material of others in your recordings, such as the game itself or music; those rights stay with their owners.

Hypevideoshorts itself, its software and its design remain ours. You may use them only to use the service.

Upload only recordings you are allowed to use. In particular:

• you hold the rights to the material or have the consent of the rights holders;
• you follow the rules of the game publishers for videos of their games;
• if other people can be heard or seen in your recording, for example teammates in voice chat, you may use their voice and image;
• your recording contains nothing illegal and does not infringe the rights of others.

Do not misuse Hypevideoshorts. In particular, do not attack or overload our systems, do not access the service by automated means other than through our website, and do not try to get around usage limits or payment.

Anyone can tell us about content on Hypevideoshorts that they consider illegal. Please email moritz.baerwolf@outlook.de and include:

• why you think the content is illegal;
• where exactly it is, for example the link to it;
• your name and email address (not needed for a report about the sexual abuse or sexual exploitation of children);
• a statement that you believe in good faith that your report is accurate and complete.

We confirm receipt promptly, check every report by hand, decide carefully and objectively, and tell you our decision and how you can challenge it. We use no automated tools for this.

We do not check uploads in advance. If we learn of content that is illegal or breaches these terms, we can remove it or block access to it. If you breach these terms seriously or repeatedly, we can also suspend features of your account or close it. Unless the breach is serious or the law requires us to act at once, we warn you first.

We act diligently, objectively and in proportion, and we take the rights and interests of everyone involved into account. A person makes every decision; we use no automated tools for content moderation.

If we restrict your content or your account, we tell you by email what we did and for how long, the facts behind it, whether a report led to it, the legal or contractual ground, and how you can challenge the decision.

You can challenge a decision by replying to that email. A person then reviews it again and tells you the result. You can also go to court at any time.

We work to keep Hypevideoshorts available at all times, but we cannot promise that it is never interrupted. Short interruptions can happen, for example for maintenance and updates or because of faults at our service providers.

We change Hypevideoshorts only for one of these reasons: to adapt it to new technology or to changes at our service providers, to meet new legal requirements, or to fix security problems. Changes cost you nothing extra, and we tell you about them clearly.

If a change impairs your access to or use of Hypevideoshorts more than slightly, we tell you by email in good time before it takes effect. You can then end the contract free of charge within 30 days after receiving our email or, if the change comes later, after the change. This does not apply if you can keep using the unchanged service at no extra cost.

We are liable without limitation for damage caused intentionally or by gross negligence, for injury to life, body or health, under the German Product Liability Act (Produkthaftungsgesetz), and where we have given a guarantee.

For slight negligence we are liable only if we breach an essential contractual obligation. Essential obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment you may regularly rely. In that case our liability is limited to the damage that was foreseeable when the contract was concluded and is typical for this kind of contract. In all other cases we are not liable for slight negligence.

These limits also apply to the liability of our representatives and of the people we use to perform the contract. Your statutory rights in case of defects, other than claims for damages, are not affected by this section.

You can delete your account at any time in your account settings.

A running paid plan then ends immediately, without a refund for the current billing period. If you want to use your plan until the end of the period, cancel it first and delete your account after the period has ended. Your statutory rights, including your right of withdrawal, are not affected.

We then delete your account data, uploads, gameplay videos and shorts as described in our privacy policy. We cannot restore them, so download everything you want to keep first. Invoices and payment records stay at Stripe as tax law requires.

We change these terms for an existing contract only with your consent. Before a change, we tell you by email what will change and ask you to agree. Your silence is not consent. If you do not agree, the terms you agreed to keep applying; we may then cancel the contract as described under "Term and cancellation".

The law of the Federal Republic of Germany applies. If you are a consumer and live in another country, you also keep the protection of the mandatory rules of the law of the country where you live.

We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board.