Terms of Use

We are an innovative platform that provides a comprehensive video solution for your company to enjoy the latest technologies on its websites, all with security and high-performance hosting and video streaming.

To enjoy the services we provide, it is necessary for you to understand the rules. Therefore, we ask you to carefully read what we present here, and remember that, by using the site, you declare to be aware of the Terms of Use and also agree to all its clauses and conditions. If you do not agree with any provision of these Terms of Use, please do not use our services.

A BRIEF GLOSSARY

PANDA VIDEO: Platform that offers video hosting and streaming services.

User:
Any person who accesses or uses the hosting and streaming services of PANDA VIDEO.

Affiliate:
Someone who registers on the platform as an affiliate of PANDA VIDEO and starts promoting products, earning commissions for the sales they generate.

Policies:
All documents governing the relationships between registered Users/Affiliates and PANDA VIDEO, such as Privacy Policy, Payment Policy, Terms of Use, and Cookie Policy.

Platform:
The PANDA VIDEO website (www.pandavideo.com), including its subdomains, interfaces, or applications that provide its features.

Treatment agents:
The controller and the operator.

National Authority:
The public administration body responsible for overseeing, implementing, and enforcing compliance with the General Data Protection Law throughout the national territory.

Database:
Structured set of personal data, established in one or more locations, in electronic or physical form.

Consent:
Free, informed, and unequivocal expression by which the data subject agrees to the processing of their personal data for a specific purpose.

Controller:
Natural or legal person responsible for decisions regarding the processing of personal data.

Operator:
Natural or legal person, public or private, who processes personal data on behalf of the controller.

Personal data:
Information related to an identified or identifiable natural person.

Deletion:
One of the rights of the data subject, meaning the removal of data or a set of stored data, regardless of the procedure used.
Officer: Person appointed by the controller and operator to act as a communication channel between the controller, data subjects, and the National Data Protection Authority (ANPD).

Data Subject: Natural person to whom the personal data refers.

Processing: Any operation performed with personal data, such as collection, production, reception, classification, use, access, reproduction, transmission, distribution, processing, archiving, storage, deletion, evaluation, or control of information, modification, communication, transfer, dissemination, or extraction.

Shared Use of Data: Communication, dissemination, international transfer of personal data, interconnection of personal data databases by public bodies or entities in the performance of their legal competencies, or between public and private entities, reciprocally, with specific authorization, for one or more types of processing allowed by these public entities or private entities.

General Data Protection Law (LGPD - Brazil): Federal Law No. 13,709, of August 14, 2018, Brazil's data protection regulation, governs the processing of personal data, including digital media, by individuals or legal entities in public or private sectors. Its purpose is to protect fundamental rights of freedom, privacy, and the free development of an individual's personality.

Websites and Applications: Sites and applications through which the user accesses the services and content made available.

Third Party: Person or entity that does not directly participate in a contract, legal act, or business, or that, beyond the parties involved, may have an interest in a legal process.

Violation of Personal Data: Unauthorized access to personal data.

Sharing with Third Parties: Through this Policy, we want to provide you with transparency regarding the personal data about you that we collect and use on the Platform. We remind you that some of your personal data is shared with third parties for the effective functionality of the Platform.

User Responsibility

1.1 The user is fully responsible for the content they host and is responsible for identifying, understanding, and complying with all applicable laws, rules, and regulations, including but not limited to civil, intellectual property, personal data protection, privacy laws, and the ways of using our technology, as well as regulatory measures, obtaining licenses, permissions, or authorizations from public bodies, professional registrations, and compliance with regulations issued by them. In addition, the user acknowledges and declares that:

a. Fully accepts and undertakes to comply with the terms of this terms of use, as well as to observe all other documents and policies of the Platform, subject to penalties for non-compliance;
b. Is the legitimate owner of all rights to the content, info-products, products, and/or services made available through Panda Video, or, even if not the owner, is authorized by the owner;
c. Is fully aware that, under no circumstances, will be indemnified for any kind of problem or damage arising from the use of the Platform;
d. Must keep the subscription payment up to date and keep their registration data updated;
e. Must not attempt hacking, copying, or invading the Platform or any violation of copyrights, including the prohibition of publishing third-party content without express authorization;
f. Must not engage in fraudulent or unlawful hosting, being aware that their use will be immediately suspended, and they will be civilly and criminally liable for their actions;
g. Is of legal age or, if a minor, is emancipated and has full legal capacity for all acts of civil life. It is the responsibility of parents or legal guardians to monitor and supervise the use of the account by a minor. If your minor child is using your account without permission, please contact us immediately so that we can disable access.

1.2 The user is responsible for ensuring that the insertion of any material on their site does not violate or infringe on the rights of third parties and does not have defamatory or illegal content.

1.3 Panda Video may, but is not obligated to, analyze, monitor, and remove User Content at any time, with the user being aware that the hosted material is subject to reports through a specific channel. We reserve the right to suspend or cancel your access to the application at any time in case of suspected fraud or by court decision. In such cases, no compensation will be due to you, and Panda Video may promote the competent action of recourse, if necessary, as well as take any other necessary measures to pursue and safeguard its interests.

1.4 If someone believes that any content violates rights, they can submit a complaint by filling out the Form provided according to the motivation:

Once the Form is filled out, PANDA VIDEO, if the complaint in question does not concern a situation that justifies the immediate removal of the content, in accordance with current Brazilian legislation and in accordance with the Terms of Use, will notify the User and grant a period of up to 10 days for them to present their defense. If the User does not respond within the deadline, PANDA VIDEO may, but is not obligated to, remove the reported content, informing the Notifier and communicating the measure to the producer. If the User acknowledges the illegality of the content, PANDA VIDEO will remove the content, informing the Notifier.

1.5 Any complaint, in judicial or extrajudicial proceedings filed against Panda Video, alleging a violation of any third-party rights or a breach of any legal or contractual provision related directly or indirectly to the content made available by the user through Panda Video or through denunciation of the lide, in the event that the procedure allows for intervention, subjects the user, who hereby commits to paying the expenses related to the lawsuit, such as costs and fees, and any other amounts related to a potential condemnation of Panda Video, indemnifying it to the maximum extent of the damages suffered.

1.6 The user is solely responsible for their login and all activities that occur in their account, including unauthorized activities.

1.7 The user is aware that they will indemnify and hold Panda Video and its employees harmless from all complaints, demands, claims, damages, losses, costs, liabilities, and expenses from third parties, including attorney's fees, arising from or related to the content disclosed through the Platform and allegations of actions or omissions that (regardless of being proven) would constitute a violation by the user of these Terms of Use.

1.8 The user must observe the correct tax treatment of any sale of their products; Panda Video has no responsibility for the collection or lack thereof of any taxes owed by the user.

Subscription and transfer limits

2.1 We may offer free trials or discounted subscriptions. Currently, our trial period lasts for 14 days, and the user can start the paid plan at any time. It is important to note that bandwidth is limited during the trial period, and the user is aware that the video should not be used in production during this period.

2.2 When the user subscribes through the paid plan, the subscription fee is charged immediately, and the next charge will be made always after 30 days from the plan activation and subsequently.

2.3 The user can upgrade and downgrade plans at any time; however, in the case of an upgrade, the proportional amount of the unused smaller plan will be deducted and added to the larger plan to be used until the next invoice.

2.4 Additional bandwidth/storage purchases will be added to the next invoice.

2.5 The user is responsible for managing the contracted and used bandwidth quantity. If the user exceeds the contracted bandwidth limit, post-paid bandwidth will be charged at R$ 0.30/GB, and the user can suspend and use pre-paid bandwidth at any time. It is important to note that, if the bandwidth limit is exceeded, the videos will continue to play, and post-paid bandwidth will be automatically charged.

2.6 In case of post-paid bandwidth consumption above the allowed limit of the account, the charge for that bandwidth will be made immediately (each account has a limit based on consumption). We inform that the charges in the subscription are related to the subscription itself and/or additional features and not to the actual usage.

2.7 If the user no longer wants to use the Platform's services, they must cancel the subscription. It is important to note that billing invoices will continue to be generated, regardless of usage, until the cancellation.

2.8 Once the user cancels, they will lose access to the account, and the videos will be stored for 30 days from the cancellation date, being deleted after the mentioned period.

3.1 If you violate these Terms of Use, Panda Video may, at its discretion:

Terminate this Agreement immediately, with or without prior written notice;Suspend, delete, or limit access to your account (and other accounts you control) or any content in it;

3.2 Acceptance of these Terms grants the user the non-exclusive use of the Platform, with features as they are but may be modified, replaced, or removed at any time without notice and without generating any right to compensation.

Venue

17.1 The court of São Paulo is elected as the sole competent forum to resolve any disputes regarding the interpretation and fulfillment of this Agreement, regardless of another, no matter how privileged.

Who can be a user and affiliate?

Everyone who registers on the site and complies with the requirements for use and affiliation.

However, it is essential to remember that the minimum age for Users and Affiliates to register on the Platform is 13 (thirteen) years. Adolescents between 13 and 18 years old need specific and highlighted consent given by at least one parent or legal guardian, in accordance with Law No. 13,709/18 – General Data Protection Law. PANDA VIDEO must cancel the registration of a User under 18 (eighteen) years old at the request of the parents or legal guardian, and this does not give rise to any right to compensation or refund for products purchased by the minor during the validity of their registration.

Legal, I want to be a user or affiliate of Panda Video. What will be my obligations?

1: Understand your role
By using the Platform as a User or Affiliate, you are a contractor/intermediary of PANDA VIDEO services and do not become our employee, collaborator, representative, agent, partner, associate, or partner.

2: Accept our Terms and Policies
By using the platform, you declare that you are aware of and agree to its content and other applicable PANDA VIDEO Policies, including the Privacy Policy. PANDA VIDEO Policies are an integral part of these Terms and are incorporated by reference, even if presented in separate texts. In case of conflict, the rules of these Terms should prevail over the conditions established in other PANDA VIDEO Policies, except for specific provisions establishing that a particular Policy prevails. These Terms and their updates also prevail over all previous proposals, understandings, or agreements, verbal or written, that may exist between you and PANDA VIDEO.

3: Respect
Respecting the conditions of these Terms is essential for the legitimate use of the resources available on the Platform. If you use the Platform in a manner inconsistent with the Terms, PANDA VIDEO may apply different measures at any time, with or without prior notice. These measures may include, without prejudice to others

Finally

1: The world changes all the time
From time to time, we may understand that the content of these terms and conditions needs to be revised to remain suitable for our services. We will change whatever is necessary, and if you disagree with what we change, that's okay! Within 10 (ten) days of the change in our terms on our site, you can request, through any of our service channels, your removal from the platform.

2: Everyone has their own
No content published by third parties reflects the opinion of PANDA VIDEO. Therefore, we are not responsible for the content published by a third party or linked to our site.

3: Affiliate
The responsibility for any and all activity that occurs in the account is YOURS, so protect your access information to the site. If you discover that someone has accessed your account improperly, contact us immediately at the email address suporte@pandavideo.com

Sharing with third parties

4: Policies
but our services may temporarily become unavailable in situations beyond our control. If this happens and you need our help, remember that you can always contact our customer service. We are here all the time. You can trust us!

5: Still have questions?
Access here our FAQ or contact us at the email suporte@pandavideo.com.

Also, check our PRIVACY POLICY and COOKIES POLICY.

#privacyisnotdonealone

DATE OF LAST UPDATE: May 8, 2023.