Terms & Conditions

DynTube is part of the company DYNSTACK PRIVATE LIMITED registered for business in Singapore. Please take your time to read our terms. It is applicable to main domain DynTube.com,DynTube.co, DynTube.io, DynTube.net, DynTube.app and all of its sub domains.

The DYNTUBE is a set of related Internet sites and other applications owned and operated by DYNSTACK PRIVATE LIMITED. (“DYNTUBE”,”DynTube.com”,”DynTube.co”,”DynTube.io”, “we” or “us). To the extent you are accessing or using our other products on behalf of a Company or Team, including without limitation by registering for an account on behalf of a Company or Team, your use of those products (such as DYNTUBE Teams / Business) is governed by their additional Terms and Conditions.

Please read these DYNTUBE Terms carefully before accessing or using our services. These DYNTUBE Terms constitute an agreement between DYNTUBE and you and governs your permitted use of the DYNTUBE ONLY, including any Services or Products that are part of the DYNTUBE. By accessing or using the Services in any manner, including without limitation by visiting or browsing the DYNTUBE or registering for an account on the DYNTUBE, you affirm that you have read, understand, and agree to be bound by these DYNTUBE Terms, as well as theAcceptable Use Policy, Billing Policy andPrivacy Policy. DYNTUBE reserves the right, at its discretion, to modify these DYNTUBE Terms at any time by posting revised DYNTUBE Terms on the DYNTUBE and by providing notice via e-mail, where possible, or on the DYNTUBE websites or apps. You shall be responsible for reviewing and becoming familiar with any such modifications. Your access to or use of the Services or DYNTUBE following such modification constitutes your acceptance of the terms and conditions of these DYNTUBE Terms as modified. To reiterate, and for clarity, these DYNTUBE Terms apply to all who access or use the Services or DYNTUBE, including without limitation users who contribute content, information, and other materials or services, registered or otherwise.

PLEASE BE AWARE THAT BY USING THE DYNTUBE, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

As stated above, these DYNTUBE Terms constitute an agreement between DYNTUBE and you and governs your use of the DYNTUBE. These DYNTUBE Terms do NOT govern the use of our other DYNTUBE products and services that are not part of the DYNTUBE. In the event of any conflict between the terms and conditions of these DYNTUBE Terms and any such service or licensing agreements, the terms and conditions of the DYNTUBE Terms shall prevail.

Fair Usage

You can read our fair usage policy here.

Content Restrictions

You may not upload content that could include:

  • unauthorized videos or images
  • Usage in illegal IPTV service
  • Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.)
  • Is sexually explicit (e.g., pornography) or promotes a sexual service
  • Contains hateful or discriminatory speech
  • Promotes or supports terror or hate groups
  • Is defamatory
  • Is harassing or abusive
  • Provides instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms
  • Exploits or endangers minors
  • Depicts or encourages self-harm or suicide
  • Spreads false or misleading information
  • Contains conspiracy-related content
  • Depicts unlawful real-world acts of extreme violence
  • Promotes fraudulent or dubious money-making schemes, proposes an unlawful transaction, or uses deceptive marketing practices
  • Violates any applicable law
  • Any content that violates Stripe's terms of use: https://stripe.com/en-sg/legal/restricted-businesses

Age Eligibility

You must be at least 13 years old to access or use the Services, including without limitation to complete a DYNTUBE account registration. By accessing or using the Services in any manner, you represent and warrant that you are at least 13 years of age. If you are under 13 years old, you may not, under any circumstances or for any reason, access or use the Services in any manner, and may not provide any personal information to or on the Services (including, for example, a name, address, telephone number or email address).

If you are located within the European Union, you must be at least 16 years old to access or use the Services, including without limitation to complete a DYNTUBE Account Registration. By accessing or using the Services or the DYNTUBE in any manner, you represent and warrant that you are at least 16 years of age. If you are under 16 years old, you may not, under any circumstances or for any reason, access or use the Services in any manner, and may not provide any personal information to or on the Services (including, for example, a name, address, telephone number or email address).

Access to the DYNTUBE

DYNTUBE reserves the right to refuse, suspend or terminate your access to the DYNTUBE if it determines, in its sole discretion, that you have in any way violated these DYNTUBE Terms or are otherwise ineligible to access or use the Services. If your actions are determined by us to violate these DYNTUBE Terms, DYNTUBE may, in its sole discretion, try to remediate that violation by working with you individually, but is under no obligation to do so, and if any such remediation efforts are unsuccessful (in DYNTUBE’s sole discretion), then DYNTUBE may revoke your rights to the DYNTUBE. You are solely responsible for ensuring that these DYNTUBE Terms are in compliance with all laws, rules and regulations applicable to you, and the right to access the DYNTUBE or any Services is revoked where these DYNTUBE Terms or use of the any Services is prohibited or conflicts with any applicable law, rule or regulation. NO refunds will be made upon violation of our terms.

DYNTUBE will use reasonable efforts to make the DYNTUBE available 24/7/365, but from time-to-time we will have scheduled outages for maintenance purposes and other upkeep. Where feasible, we may, in our sole discretion, make efforts to inform you about any outages and report on the nature and reason for any outages that may occur in an open and transparent manner, though we are under no obligation to do so, and in any case will not be liable for any downtime.

User Obligations

  • To access some of the DYNTUBE features you will need to register for an account as an individual or as a business and consent to these DYNTUBE Terms. If you do not consent to these DYNTUBE Terms, DYNTUBE reserves the right to refuse, suspend or terminate your access to the DYNTUBE.
  • You are solely responsible for ensuring that your account registration is complete and remains up to date. You have the right to discontinue use of, or terminate, your account whenever you like, and subject to ourPrivacy Policy, control the use and sharing of your account information. Please note that any content or information you share publicly is totally public. You should be aware that once you place content in the public sphere, you willingly give up rights and control over such content.
  • DYNTUBE strongly encourages you to review ourPrivacy Policy, which explains how we will handle, process, and use your personal data, and with whom, and how we will share this data.
  • You are solely responsible for obtaining and maintaining any equipment or ancillary services needed to connect to or access the DYNTUBE or otherwise use the Services, including without limitation modems, hardware, software, and long distance or local telephone service. You are solely responsible for ensuring that such equipment or ancillary services are compatible with the DYNTUBE Services.
  • Some premium or additional features of DYNTUBE (including without limitation DYNTUBE for Teams/Business) may require a payment obligation for access and use. You are solely responsible for ensuring that your payment obligations, if any, remain current and not in arrears. In the event DYNTUBE charges for features you will be notified of the terms of any payment obligations and provided the opportunity to refuse such obligations before you incur any charges. Please note, however, that your refusal to accept payment obligations may result in your inability to access or use certain premium or additional features of DYNTUBE.

SPECIAL

Content hosted using our Services utilizes more GBs than the uploaded Content because the Services creates multiple versions of the Content at various resolutions.
In order to ensure maximum performance and protect the experience of all users, requests to the our Platform API may not exceed sixty (60) per minute, or any other limit set forth in the applicable technical documentation. For the avoidance of doubt, this does not limit your Video Plays per minute and reflects a number of requests unlikely to be reached through normal Use, the excess of which would be abusive. In addition to any other remedies provided by these Terms of Service, we reserve the right to immediately suspend accounts that exceed the maximum API requests set forth herein and to terminate, block and/or blacklist such accounts if Company believes in its reasonable discretion that such excess is due to abusive behavior.
We rigorously test the web player on the latest version of the following browsers unless otherwise specified. Although our web player may work but we don't support non-standard Android devices with custom firmwares or low-quality chips/features.
• Chrome
• Edge
• Firefox
• Safari
• Chrome for Android (Samsung & iPhone)
• Safari for iOS

REGISTRATION

Publisher is strictly prohibited from providing false or misleading sign-up information, including using a name, address or email address owned or controlled by another person without appropriate authorization. Company reserves the right to refuse registration or cancel any account that it reasonably believes is in violation of the foregoing. Publisher shall be responsible for maintaining the secrecy of its password and is liable for all activities that occur on its account. Publisher agrees to immediately notify the Company of any unauthorized use of Publisher's username, password or other breach of account security.

Beta products

THE BETA PRODUCTS ARE BETA RELEASE VERSIONS AND MAY NOT PERFORM AT THE LEVEL OF A COMMERCIAL PRODUCT. COMPANY HAS NO OBLIGATION TO PROVIDE ANY PRODUCT SUPPORT. EXCEPT AS OTHERWISE PROVIDED AND TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE BETA PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS OTHERWISE PROVIDED, USE OF THE BETA PRODUCTS IS AT BETA PARTICIPANT’S OWN RISK AND BETA PARTICIPANT IS SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF EXERCISING THE RIGHTS GRANTED UNDER THIS AGREEMENT AND ASSUMES ALL RISKS ASSOCIATED THEREWITH, INCLUDING BUT NOT LIMITED TO THE RISKS AND COSTS OF PROGRAM ERRORS, COMPLIANCE WITH APPLICABLE LAWS, DAMAGE TO OR LOSS OF DATA, PROGRAMS OR EQUIPMENT, SUITABILITY FOR HOSTING AND UNAVAILABILITY OR INTERRUPTION.

Limitation of Liability

EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW OR TO THE EXTENT THAT ANY EXCLUSION OR LIMITATION OF ITS LIABILITY IS VOID, PROHIBITED OR UNENFORCEABLE, IN NO EVENT SHALL THE COMPANY BE LIABLE ON ANY LEGAL THEORY (A) FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES INCLUDING LOSS OF REVENUE, PROFITS OR GOODWILL, (B) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL, (C) FOR ANY LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, (D) YOUR INABILITY TO USE THE PRODUCTS, INCLUDING AS A RESULT OF ANY (i) TERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SOFTWARE, (ii) DISCONTINUATION OF A PORTION OR ALL OF THE PRODUCTS, OR, (iii) WITHOUT LIMITING ANY OTHER OBLIGATIONS, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE PRODUCTS FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS, OR (E) DIRECT DAMAGES IN EXCESS OF THE TOTAL FEES PAID BY PARTICIPANT TO THE COMPANY PURSUANT TO THIS AGREEMENT, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.

No Relationship

Nothing herein constitutes or creates an employer-employee, agency, joint venture or representative relationship between the parties.

Payment Currency/p>

Currently we charge in USD but it may change in the future. So if that time comes, we will offer you to pay in a currency other than USD for you plan payments. It will be up to you whether to accept the terms with new currency or cancel your plan.

Termination

These Terms of Service are subject to termination by Company immediately and/or Publisher's account may be suspended if (a) Publisher fails to timely pay a Fee or Overages, (b) Publisher violates any term of these Terms of Service, (c) Publisher becomes insolvent, declares bankruptcy or a receiver or trustee is appointed for Publisher, (d) Publisher is or becomes engaged in a business that is competitive with the Company's business, or (e) Publisher exceeds the License Scope permitted for its Edition and Publisher fails to cure any of the foregoing within seven (7) days of notice thereof.
Depending on the circumstances at the time of termination, we may not be able to give you any refund if our terms have been voilated or account credit has been used.

SPECIAL

Singapore customers may be charged 7% GST on top of the plan price.
We don't support change of mind termination of plans.
A plan can be used only by one entity person/business. Multiple entities cannot share the same plan.
If you fail to comply with our policies or we received a notice that you are upload videos illegally, we will terminate your account & no refunds will be made.
We may change the look & feel (html/js/css) of our channels on the go when they are embeded in your websites.
We use multi-CDN solutions in our video delivery and we may add or remove CDN companies that we use from time to time in any of our plans.
All of the plans, offered content, limits and pricing is monthly. We don't guarantee any pricing/limits for future and limits or pricing may be adjusted on monthly basis. We may give you a notice in advance for any price or limit changes so that you can make decision about the service.
Your are allowed to use only 10% of the plan's resources in the trial. If the usage goes above 10% or 500 minutes of video encoding, we may ask you to pay for the plan or end the trial if you refuse to pay. If you upload/stream long videos videos in a trial that requires excessive bandwidth for streaming, we may request you to pay advance and end the trial.
Pirated movies or videos are not allowed on our platform.
In order to resolve a billing issue that has not occurred due to our fault, we may deduct a fee of $20 to $100 depending on the situation.
In case of a refund, we won't refund 10% payment gateway fees.
We try our best to keep your videos and data secure. We implement certain policies depending on your plan types to prevent the data theft. However, we strongly encrourage you to keep a backup of your videos. We will not be responsible for any data loss, hacking attempts or accidental deletions of your data. If such a situation arises, maximum penalty could be the refund of your paid price on pro-rata basis.
We don't offer any refunds, free trials or money back guarantee if you make a purchase using a discount code or using a custom price offered by our team.
Customers cannot get more than one free trial. For example, if you are signed up for free plan and you upgrade to a Micro/Starter plan (even before ending your trial), the free trial period will not apply on your new plan.
We may remove your videos if they are illegal or against any law where DynTube is registered or hosted.
We do offer video encryption but we don't guarantee that your videos cannot be copied or stolen. Users can still use different softwares to record/re-record the videos.

Fair usage apply in all plans where limits are described as unlimited. Which means that we may block or cancel any accounts that we find with heavy usage.
Any payments made for plans or video conversion jobs are non-refundable unless you are using a free trial and the plan is not paid. All paid plans are non-refundable. If a conversion job costs us more than the estimate we provided. We reserve the rights to cover our costs.
It's your responsibility to take appropriate measures available on DynTube to stop the illegal use of account resources. For example, using Domain whitelisting, video encryption and enabling passwords on videos. In case you have not made your videos secure and they are open for everyone to download or view, you will be charged for the bandwidth used in your account.
The plan overage will be charged at a price of $8 per 100 GB. Alternatively, our system may switch your account to our bandwidth/volume plan if you exceed the plan limits.
Sometimes, our team may send you an overage invoice based on the usage of the following 30 days. In that case, you will pay for the overage usage of the current month based on the expected usage.
The bandwidth overage will be charged automatically by our system/team and there might be no upfront notices that you have exceeded the plan limits.
If you as an individual signed up for a plan using your corporate email domain or in the name of a business entity (“Customer”), that entity is our customer and “you” in these Terms refers to that Customer entity except where otherwise specified.
We try our best to protect the videos & data of our customers. However, we won't be responsible for any misuse or videos/data loss in any of these cases: data leakage, hacking, theft, deletions, human errors or any other incidents that might compromise the security of your data.
Video analytics will be available through the dashboard or API for a maximum of last two years.
If your account exceeds our fair usage limits, we will send you a notification to upgrade your account to a custom plan. We may give you some credit from the old plan to lower your custom plan pricing. This credit will be calculated by our team depending on your usage. If you usage is determined to be very high by our team, we may end your plan before it's monthly, quarterly or yearly renewal. In that case, no credit will be provided for renewal and your termination date will be considered as the end of the plan's date. We will not be liable to provide full monthly, quarterly or yearly services.
If your average monthly bandwidth limits are exceeded a couple of times in a yearly plan, our system might automatically pause the streaming and ask you to upgrade.
If you have paid yearly & you exceed our fair use limits without upgrading the plan, your plan will be terminated early when your yearly quota of fair use limits have been used. For example, if you are allowed to get 20TB yearly bandwidth and you have used that bandwidth in three months, your plan will end after three months. We won't be liable to provide the service for a full year.

For a free video hosting plans, if we decide to shut it down, we will provide a notice of 30 days to our users.
For a paid video hosting plans, if we are unable to offer the plans due to high costs or other factors, we will end the plan at the plan's next billing renewal and we will provide a notice of 14 days. If we could not provide a 14-day notice, we will refund the paid invoice on pro-rata basis.
Bandwidth for Australia & Newzealand is 30% less than our normal limits.
Plan prices exclude taxes.


CANCELLATION OF CUSTOM PLANS

You have to inform us at least 14 days before the cancellation of a custom plan. If not informed on time, we reserve the right to take legal actions.


PRICE CHANGES

We may change the pricing of our plans at any time on our website and we may increase the pricing for our existing customers by providing them a minimum of 7-day notice. Any payments made to DynTube are non-refundable.


Storage Calculation

Storage usage for videos is calculated based on the size of the transcoded versions, in addition to the size of the original video uploads if you choose to retain the original versions. Videos uploaded to DynTube are transcoded into multiple formats to optimize playback, reduce buffering, and enhance streaming quality. The total storage used includes the combined size of all transcoded versions and any retained original files.

DATA DELELTION

At our company, we make every effort to protect the safety and continuity of your data. Specifically, we maintain your data as long as your account remains in good standing and your payment plan is active. However, please be aware that we reserve the right to delete your data without prior notice in certain situations, including but not limited to:

1. Plan cancellation (even if a new plan is subscribed after the deletion has been scheduled, the data for the old plan would not be restored/recovered.)
2. Plan expiry, Account deletion, suspension, fraud or violation etc, as described in our Terms of Service.
We take these measures to ensure the integrity of our services and to protect our users from potential risks. We apologize for any inconvenience this may cause and encourage you to reach out to our support team if you have any questions or concerns regarding your account or data.

We try our best to protect your data from deletions at all time but we won't be responsible for any data loss in any of these cases: data leakage, hacking, theft, deletions, human errors or any other incidents that might compromise the security of your data.


BANDWIDTH CALCULATION

The total used bandwidth for standard plans consists of multiple parts. It includes traffic from our storage servers to our CDN servers(upstream), the traffic served from the CDN cache servers(egress), bytes sent/uploaded. We calculate bandwidth either from the server logs or through our own mediums.
For edge plans and API requests we add 10KB to 200KB payload per request.

For live streaming plans, the total bandwidth includes the data transfer for video ingestion, video recording and the live streaming.

Some of our plans come with overage protection where we will not charge you an overage and we will just notify you via emails to upgrade.

This is show the size is of objects in CDN & storage is calculated: 1GB = 1e+9 bytes.

DYNTUBE Content
 

All materials displayed or performed on the DYNTUBE, including but not limited to text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, and animations are the property of DYNTUBE and/or third parties and are protected by Singapore laws and international copyright laws.

All trademarks, service marks, and trade names are proprietary to DYNTUBE and/or third parties and use of the DYNTUBE means you agree to abide by all copyright notices, information, and restrictions contained in any Content accessed through the DYNTUBE.

The DYNTUBE is protected by copyright, pursuant to U.S. copyright laws, Singapore laws, international covenants, and other copyright laws. Other than as expressly set forth in these DYNTUBE Terms, you may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce (except as provided in this Agreement), create derivative works based on, distribute, perform, display, or in any way exploit any of the DYNTUBE Content, software, materials, or Services in whole or in part. 

Any other downloading, copying, or storing of any DYNTUBE Content (other than Subscriber Content or content made available via the DYNTUBE API) for other than personal, non-commercial use is expressly prohibited without prior written permission from DYNTUBE or from the copyright holder identified in the copyright notice per the Creative Commons License. In the event you download software from the DYNTUBE (other than Subscriber Content or content made available by the DYNTUBE API) the software including any files, images incorporated in or generated by the software, the data accompanying the software (collectively, the “Software”) is licensed to you by DYNTUBE or third party licensors for your personal, non-commercial use, and no title to the Software shall transfer to you. DYNTUBE or third party licensors retain full and complete title to the Software and all intellectual property rights therein.

As stated above, by agreeing to these DYNTUBE Terms you also agree to be bound by the terms and conditions of the Acceptable Use Policy incorporated herein, and hereby acknowledge and agree that any and all Public Content you provide to the DYNTUBE is governed by the Acceptable Use Policy.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT ALLOWED BY LAW, DYNTUBE DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY. DYNTUBE PROVIDES NO GUARANTEES THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS AND PROVIDES THE DYNTUBE, SERVICES, AND ANY RELATED CONTENT OR PRODUCTS SUBJECT TO THESE DYNTUBE TERMS ON AN “AS IS” BASIS.

DynTube AI Terms

These DynTube AI Terms (these “terms”) are between DynTube, Inc. (“DynTube”) and the customer agreeing to these terms (“you”). If you are agreeing to these terms on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these terms. In that case, “you” refers to that company or other legal entity. These terms are expressly incorporated into your existing customer agreement with DynTube (your “Customer Agreement”). These terms will govern if they conflict with any of the other terms in your Customer Agreement.

Access to DynTube AI. DynTube AI is made available to you on the terms and conditions that apply to the DynTube Platform in your Customer Agreement. Just like when you use the DynTube Platform generally, you are responsible for using DynTube AI in accordance with DynTube’s Acceptable Use Policy available at www.dyntube.com. “DynTube AI” means feature(s) and functionality made available by DynTube that are identified by DynTube as artificial intelligence (AI) features.

Input, Output, and Ownership. You may provide or make available prompts, images, materials, files, and other content to DynTube AI (“Input”), and receive images, materials, files, and other content generated and returned by DynTube AI based on that Input (“Output”). As between you and DynTube, DynTube retains all rights title, and interest in the DynTube Platform (including improvements and enhancements to the DynTube Platform, along with new products and features). “Customer Content” means the applications and materials that you develop on or upload to the DynTube Platform.

DynTube may use your Customer Content to maintain, improve, and enhance DynTube’s products and services by training machine learning and artificial intelligence algorithms and models.

AI Limitations. Output is generated by artificial intelligence. Output is not verified by DynTube for accuracy and does not represent DynTube’s views. DynTube makes no warranty or guarantee as to the accuracy, completeness, or reliability of Output and will in no way be liable or responsible for your use of Output or any omissions or errors in Output. You are responsible for evaluating Output for accuracy and suitability for your use case, including by employing human review of Output and obtaining any relevant clearances.

Miscellaneous. DynTube may update these terms in the same manner that DynTube may update your Customer Agreement.

Indemnification

You will indemnify and hold DYNTUBE, its directors, officers, employees, agents, consultant, contractors, partners, vendors and service providers (including, without limitation, hosting and telecommunications providers) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access to the DYNTUBE, use of DYNTUBE products or services made available on the DYNTUBE, your violation of this Agreement, or your infringement or any third party using your account, of any intellectual property right.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DYNTUBE AND ITS AFFILIATES SHALL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF ONE HUNDRED DOLLARS ($100) IN THE AGGREGATE, EVEN IF DYNTUBE OR ITS AFFILIATES HAVE BEEN TOLD OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. NOTHING IN THIS LIMITATION OF LIABILITY SHALL PREVENT DYNTUBE’S RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF. NOTWITHSTANDING SUCH RIGHT OF EQUITABLE RELIEF, TO THE EXTENT THAT APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION OF LIABILITY OR EXCLUSION OF LIABILITY, SUCH LIMITATION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Assignment and Jurisdiction

DYNTUBE reserves the right to assign our rights and obligations under these DYNTUBE Terms (in whole or in part) without your consent to a corporate affiliate, or in connection with a merger, acquisition, corporate restructure or reorganization, or due to the sale of all or substantially all of our assets.

These DYNTUBE Terms will be governed by and construed in accordance with the applicable laws of Singapore, without giving effect to the principles of that State regarding conflicts of laws. Both you and DYNTUBE hereby irrevocably agree to the sole and exclusive personal jurisdiction of the Courts of Singapore with respect to any action, suit, or proceeding brought by it or against it by the other party in connection with the Services. Notwithstanding the foregoing, these DYNTUBE Terms shall not prevent either party from seeking injunctive relief with respect to a violation of the confidentiality provisions and indemnification provisions contained in these DYNTUBE Terms. The Uniform Commercial Code shall not apply to the provisions of these DYNTUBE Terms to the fullest extent permitted by law. No shrinkwrap or click-wrap terms contained in any purchase order or any Company or Team form shall apply to or supersede these DYNTUBE Terms. In the event of any conflict between the terms and conditions of these DYNTUBE Terms and any such shrinkwrap or click-wrap terms, the terms and conditions of the former shall prevail.

Arbitration

YOU AGREE THAT WITH RESPECT TO ALL DISPUTES BETWEEN YOU AND DYNTUBE OR ITS AFFILIATES OR ITS OFFICERS, DIRECTORS, OR EMPLOYEES (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATING TO THESE DYNTUBE TERMS, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, YOU AND DYNTUBE SHALL FIRST CONSULT WITH EACH OTHER TO ATTEMPT TO RESOLVE SUCH DISPUTE IN A MANNER SATISFACTORY TO BOTH PARTIES, AND THAT IF A RESOLUTION IS NOT REACHED WITHIN NINETY (365) DAYS, THEN THE DISPUTE SHALL BE REFERRED TO AND RESOLVED BY BINDING ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN COURT. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. 

Modifications

DYNTUBE reserves the right, in its sole discretion, to modify or replace these DYNTUBE Terms, as our business evolves over time and to better provide Services and Products to the DYNTUBE community, or to change, suspend, or discontinue the DYNTUBE and/or any Services or Products at any time by posting a notice on the DYNTUBE website or apps or by sending you notice via e-mail or by another appropriate means of electronic communication.

Merger and Severability

The parties to these DYNTUBE Terms are independent contractors and these DYNTUBE Terms shall not be construed to constitute any agency, partnership, joint venture, or employment relationship between you and DYNTUBE. These DYNTUBE Terms represent the entire agreement between you and DYNTUBE and supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to the DYNTUBE or Services or Products contemplated hereunder. If any provision of these DYNTUBE Terms is held to be invalid, void, unenforceable, or contrary to public policy, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions of these DYNTUBE Terms shall remain and continue in full force and effect.

No Waiver

Our failure to enforce any part of these DYNTUBE Terms shall not constitute a waiver of our right to later enforce that or any other part of these DYNTUBE Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these DYNTUBE Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.