Questions: info@setclipper.com.
Terms of Service
1. Agreement. These Terms form a binding contract between you and Clubwall LLC, a Florida limited liability company doing business as Setclipper ("Setclipper", "we", "us"), covering setclipper.com, clip.setclipper.com, our desktop and web apps, APIs and related services (the "Service"). They include the Acceptable Use Policy, Subscription, Credits and Refund Policy, Privacy Policy, Cookie Notice, DMCA and Content License and Referral and Creator Code Terms (together the "Policies"), all incorporated here. By checking the box at sign-up or checkout, creating an account, or using the Service, you accept them. If you do not agree, do not use the Service.
2. Eligibility. You must be 18 or older and able to form a binding contract. If you sign up for an organization, you confirm you have authority to bind it. You are responsible for all activity on your account and for keeping credentials secure. Provide accurate information and keep your account email current; it is where we send notices.
3. Changes to the Terms and Policies; notice by email. We may update these Terms and any Policy. We will post the new version with a new effective date. For material changes we will also email the address on your account, or notify you in the app, at least 7 days before they take effect, unless the change is required by law, addresses security or abuse, or does not reduce your rights. Notice is complete when the email is sent. If you continue to use the Service after the effective date, you accept the updated Terms. If you do not agree, stop using the Service and cancel your plan before the effective date; if you are on a paid plan and the change is adverse to you, you may cancel and receive a refund of the unused part of the current paid period (for an annual plan, the unused full months). Changes do not apply to a dispute that began before the change. The most current version is always at setclipper.com/terms, and we keep prior versions.
4. Accounts, waitlist, plans and pricing changes. Access is invite-only and may be waitlisted. We decide who is admitted, when, and in what order, and may refuse service to anyone. Plans, prices, credit amounts and features are described at the time of purchase. We may change our prices, plan contents, credit allowances, credit pack sizes and the number of credits an action uses at any time. A change applies to purchases made, and renewals starting, after the change takes effect. Credits you already hold keep their balance, but the number of credits an action uses may change. We may post changes to credit pack prices, pack sizes and credit usage on our website or in the app without individual notice. For a change that increases the recurring price of a subscription plan you have already purchased, we will email you (and may also notify you in the app) at least 30 days before the new price first applies, state the new price and the date, and explain how to cancel before that date. If you do not cancel before the date, the new price applies to the renewal. If we remove a feature you paid for from your plan during a paid period, you may cancel and we will refund the unused part of that period.
5. Payments; auto-renewal. Payments are processed by Stripe. We do not store your full card number or security code. Paid plans renew automatically for successive periods (monthly or annual) at the price and interval shown, as changed under section 4, until you cancel. You authorize us and our payment processor to charge your payment method for the plan, credit packs, taxes and any amounts due. After a free trial, your card is charged unless you cancel before the trial ends. You can cancel in Account any time, effective at the end of the paid period unless stated otherwise. Prices exclude taxes where applicable; we may collect them. We are not a bank, money transmitter or financial institution, and we do not hold deposits, balances or stored value for you; credits are a service entitlement, not an account of funds. If you file a chargeback or payment dispute, we may suspend your account while it is reviewed, may give Stripe and the card network records about your use, and you agree to first contact info@setclipper.com to try to resolve the charge. If a dispute is decided against us, you remain responsible for the underlying fees, and we may recover a reasonable dispute handling fee of up to US$15 to the extent allowed by law, and may refuse future service. See the Subscription, Credits and Refund Policy.
6. Your content. "Your Content" is footage, audio, images, text, metadata and anything else you upload or create with the Service. You keep ownership of Your Content and your Output. You grant Setclipper a worldwide, non-exclusive, royalty-free license to host, store, copy, process, analyze, transcode, edit, display and create derivative clips from Your Content, and to send it to our service providers (including Google), to provide, secure and support the Service for you, to enforce these Terms and respond to legal claims, and, in de-identified or aggregated form only, to develop and improve our own tools. We do not use Your Content to train third-party public models, and we do not use it to promote Setclipper without your separate written permission. You represent and warrant that you own, or have all necessary rights, licenses, consents and clearances (including from performers, venues, event organizers, music rights holders, labels and people who appear in the footage) to upload, process and use Your Content with the Service, and that doing so does not infringe or violate any law or any third party's rights. You are solely responsible for what you upload, create and publish, and for any claims arising from it. We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act as set out in the DMCA Policy, and we may remove content and terminate repeat infringers.
7. Output. Clips and edits generated for you are "Output". As between you and us, you may use Output for your lawful purposes subject to full payment and these Terms. Output is generated automatically, may be inaccurate, incomplete or similar to other users' output, and may include watermarks on unpaid or trial use. You are responsible for reviewing Output before use or publication. Rights in Output that depends on third-party content (such as music) remain subject to those third parties' rights, which are your responsibility.
8. Face and biometric features. Features that detect or match faces or voices run only after you give the separate consent in the app, only on footage you are authorized to process, and only to organize your own projects. You represent that you have obtained any consent required from people appearing in Your Content. We do not offer these features to residents of, or for footage captured in, Illinois, Texas, Washington or the EU/EEA, and you will not use them there. We delete face templates when your project is deleted or within 12 months of last use, whichever comes first.
9. Acceptable use; AI features. You must follow the Acceptable Use Policy. You may not use the Service unlawfully or to infringe rights; upload content you have no right to use; reverse engineer or bypass limits, plans, watermarks or credit metering; resell or share access or share an account with others; or use automated means to overload the Service. Some features use automated analysis and artificial intelligence, including drop detection, tracking, framing, tracklists and captions. They can be wrong. Treat their output as a draft; you are solely responsible for reviewing it and for how you use or publish it, including any rights in music or people shown. Tracklist features are experimental. We may investigate and remove content, suspend or terminate access, and report to authorities for violations.
10. Our intellectual property. We own the Service, software, models, designs, marks, documentation, and all data and analytics derived from operating the Service (other than Your Content). We give you a limited, revocable, non-exclusive, non-transferable license to use the Service for your own internal business purposes while your account is in good standing. You may not copy, reverse engineer, scrape, resell, sublicense, benchmark for competitors, or build a competing product using the Service or its outputs. Feedback you give us is ours to use without payment.
11. Third-party services. The Service relies on third parties (for example Stripe, Google/Firebase, Google Gemini, hosting providers). Their terms may apply and we are not responsible for them.
12. Refusal, suspension and termination. We may refuse service to anyone, and may suspend, restrict or terminate your account or access to any feature at any time, with or without notice, for any reason, including: violation of these Terms or the Acceptable Use Policy; fraud or suspected fraud; a chargeback or payment dispute; infringement or suspected infringement of others' rights; risk to the Service, other users or us; legal or regulatory requirements; non-payment; or because we discontinue the Service. If we terminate your paid plan for reasons other than your breach, we will refund the unused portion of the current paid period. If we terminate for your breach, fraud or a chargeback, you are not entitled to a refund, and you remain responsible for amounts owed. You may stop using the Service and cancel at any time. On termination, your license ends, unused credits and discounts are forfeited, and we may delete Your Content after 30 days (earlier where required). Sections that by nature should survive do survive.
13. Disclaimers. THE SERVICE, THE APP AND ALL OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT CONTENT WILL NOT BE LOST, OR THAT ANY EDIT, CUT, CROP, DROP DETECTION, TRACKLIST OR OTHER AI OR AUTOMATED OUTPUT WILL BE ACCURATE, COMPLETE OR SUITABLE FOR YOUR PURPOSE. YOU ARE RESPONSIBLE FOR REVIEWING ALL OUTPUT BEFORE USE. Some jurisdictions do not allow certain disclaimers; in those places the disclaimers apply to the fullest extent allowed.
14. Limitation of liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BOOKINGS, GOODWILL, DATA, FOOTAGE OR PROJECT FILES, EVEN IF ADVISED OF THEIR POSSIBILITY; AND (B) OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND US$50. You are responsible for keeping your own copies of all footage, audio and projects; the app works on your original files and we do not keep backups of them. These limits do not exclude or limit liability that cannot be excluded or limited under applicable law, including liability for our fraud, gross negligence or willful misconduct, or death or personal injury.
15. Indemnification. You will defend, indemnify and hold harmless Clubwall LLC and its members, managers, employees and contractors from third-party claims, losses, liabilities, damages and reasonable attorneys' fees arising from Your Content, your Output and its use or publication, your breach of these Terms or applicable law, or your use of the Service. We may assume control of any defense at your cost, and you will not settle without our written consent.
16. Governing law; informal resolution; arbitration; class waiver. 16.1 Governing law. These Terms and any dispute are governed by the laws of the State of Florida and applicable US federal law, without regard to conflict-of-law rules. 16.2 Informal resolution first. Contact info@setclipper.com and give us 30 days to resolve a dispute before starting a claim. 16.3 Binding arbitration. Except as stated below, any dispute arising out of or relating to these Terms, the Policies or the Service, including its formation, scope and enforceability, will be resolved by final, binding arbitration on an individual basis, administered by the American Arbitration Association under its Consumer Arbitration Rules (or Commercial Rules where you are a business), before one arbitrator, seated in Orange County, Florida, with hearings by video where possible. The Federal Arbitration Act governs this section. We will pay arbitration filing, administrative and arbitrator fees to the extent required by those rules for consumer claims. 16.4 Class action waiver. You and Setclipper waive the right to a jury trial and agree to bring claims only on an individual basis, not as plaintiff or class member in any class, collective, consolidated or representative proceeding. If this waiver is found unenforceable for a claim, that claim proceeds in court and not in arbitration. 16.5 Exceptions. Either party may bring an individual claim in small claims court in Orange County, Florida, or the court where you live; either party may seek injunctive or equitable relief in court for intellectual property, security or confidentiality violations. 16.6 Opt out. You may opt out of arbitration and the class waiver by emailing info@setclipper.com within 30 days after you first accept these Terms, with the subject "Arbitration opt-out" and your account email. 16.7 Venue. For disputes not subject to arbitration, the state and federal courts located in Orange County, Florida have exclusive jurisdiction, and you consent to them, except where the law of your residence requires otherwise.
17. General. 17.1 Force majeure. We are not liable for delay or failure caused by events beyond our reasonable control, including natural events, outages of internet, power, hosting or payment providers, war, labor disputes, government action or malicious attacks. 17.2 Severability. If a provision is held unenforceable, it is enforced to the maximum extent allowed and the rest remains in effect. 17.3 Entire agreement. These Terms and the Policies are the entire agreement between you and us about the Service and replace earlier agreements. 17.4 No waiver. Failing to enforce a right is not a waiver. 17.5 Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or a successor to our business, including in a sale or reorganization. 17.6 Notices. We may notify you by email to your account address or in the app, effective when sent. Notices to us go to info@setclipper.com or to the legal notice address on our Legal page (setclipper.com/legal.html). You agree to receive all notices and records electronically (E-SIGN consent), and you may withdraw by closing your account. 17.7 Contact: Clubwall LLC, doing business as Setclipper, info@setclipper.com.
18. Credits. Credits are a limited, revocable license to use features of the Service. They are not money, are not a deposit or stored value, have no cash value, cannot be redeemed for cash, and cannot be sold, gifted or transferred. Credits are non-refundable except where required by law or stated in the Subscription, Credits and Refund Policy. Credits included with a plan expire at the end of each billing period as stated on the pricing page. Credits bought as packs expire 12 months after purchase. We use credits first from the plan allowance, then from packs. Credits granted free of charge may be changed or withdrawn at any time.
19. Security and third-party processors. We use reasonable administrative, technical and physical safeguards appropriate to the nature of the Service, and reputable third-party processors (including Stripe for payments, our hosting providers, and Google for AI processing). No system is completely secure and we do not guarantee that data will never be accessed, lost or disclosed. To the maximum extent permitted by law, we are not liable for the acts, omissions or security failures of third-party processors acting independently of us, or for losses caused by factors on your side, including compromised passwords, devices or networks, sharing your account, or failing to keep your software updated. We will give any notice of a data security incident that the law requires. Nothing in these Terms waives any right you have under data protection or breach notification laws, limits our liability for our own gross negligence or willful misconduct, or relieves us of obligations we cannot lawfully disclaim.
20. Early access and beta software. The Mac app and some features are early access or beta. They may contain errors, change, or be withdrawn, and are provided without any commitment to a release date or feature. We may release updates and may stop supporting, or require you to update from, older versions at any time, including by disabling a version that no longer works with the Service. The app is not yet notarized by Apple; macOS will ask you to approve it once. Use early-access features at your own risk and keep backups.
All legal documents
- Terms of Service
- Acceptable Use Policy
- Subscription, Credits and Refund Policy
- Privacy Policy
- Cookie Notice
- DMCA Policy and Content License
- Referral and Creator Code Terms
- Creator Program Agreement
Earlier versions are kept at /legal/versions/. Questions: info@setclipper.com.