Cookie Policy

• Date: 06.22.2018

• About Animaker:

• Animaker, Inc. is a Delaware corporation.

• The term “Animaker” refers to the following:
• - Animaker English language website accessible through the URL https://www.animaker.com
• - Animaker’s other language websites accessible through relevant URLs.
• - Any successor URLs, mobile or localized versions and related domains and subdomains.
• - Animaker’s Do-It-Yourself Visual Content Creation Platform.
• The terms “You”, “Your”, “User” or “Users”, refers to either individuals or organizations registering their credentials to use Animaker for any legal purposes.
• The terms “Visitor” or “Visitors”, refers to either individuals or organizations that access Animaker website anonymously without logging in or purchasing a subscription on Animaker.
• Note: To know more on Animaker’s other language websites, Users and Visitors may mouseover on the Globe icon located on the top right corner on the homepage of Animaker English website, accessible through the URL https://www.animaker.com. On mouseover, Users and Visitors will see a dropdown down list of URLs of Animaker’s other language websites.

• Animaker Cookie Policy:

• Animaker Cookie Policy applies to all Animaker websites operated by Animaker Inc. Animaker Cookie Policy is to help Users feel comfortable about Animaker and Animaker using appropriate Cookies for relevant and justifiable reasons.

• Questions on Animaker’s Cookie Policy:

• If you have a question on Animaker Cookie Policy, please email us at info@animaker.com or send a written letter to: Animaker Inc. 1160 Battery Street Suite 100, San Francisco, CA 94111, USA..

• What is a Cookie?

• A Cookie is a commonly used automated data collection tool. It is a small text file that is placed on User’s computer or device, by websites that User visits.

• Why Do Most Websites Use Cookies?

• Websites use Cookies in order to make most websites work, or work more efficiently.
• Please note that certain areas of most websites can only be accessed by having the Cookies enabled.
• Disabling Cookies may prevent Users from accessing content and enjoying all the features available on most websites.

• Does Animaker Use Cookies on its Websites?

• Yes. Animaker uses Cookies on its Websites.
• All Cookies used in Animaker have an expiry date. Expiration dates on Cookies used in Animaker are set in the Cookies themselves.

• What are the Cookie Data Collected and Processed by Animaker?

  IP address182.156.240.154 of the User’s device is collected. This is the IP address of the User’s device through which they are accessing Animaker.
• IP location or the geographic location India of the User’s device is collected. This is the IP location or the geographic location of the User’s device through which they are accessing Animaker.
• Web Browser language en is collected. This is the Web Browser used by the User on their device.

• Can Users Opt-Out of having their Cookie Data collected?

• Yes. Animaker provide Users, the opportunity to Opt-Out of sharing their Cookie Data. However, if the User decides to Opt-Out, Animaker will not be able to provide certain services.

• Can Users View Cookie Data collected by Animaker?

• Yes. User may email Animaker at info@animaker.com, to view Cookie Data collected by Animaker.

• How does an Animaker User Get to Manage Cookies?

• Users may restrict, block or remove Cookies, through their computer's web browser settings. However, if a Cookie blocking setting is activated on a User computer's web browser, they may not be able to access certain parts of Animaker Website or use certain features of Animaker website. "Help" function within a User computer's web browser may guide them in managing Cookies. User may also visit http://www.aboutCookies.org for more information on how to restrict or manage Cookies across a variety of web browsers. For more information on Cookies on mobile browsers, please refer to mobile device help/manual.

• How does Animaker use User Cookie Data?

• Animaker uses Cookie Data to recognize and remember the following:
• Animaker uses Cookie Data to help save User’s website preferences for future visits.
• Date and time you logged in to Animaker website
• Your preferred browser language
• Animaker uses Cookie Data to help save your website preferences for future visits.
• Animaker uses Cookie Data to compile aggregated data about site traffic and site interactions.
• Animaker uses Cookie Data to offer better website experiences and tools in the future.

• Does Animaker share User Cookie Data with any 3rd Party?

• Animaker has also entered into contracts with such 3rd party providers in order to ensure that the information that is provided regarding Users is kept confidential and secure.

• Do Not Track:

• User’s Web browser may have a “Do Not Track” setting which, when enabled, causes the User’s browser to send a do not track HTTP header file or “signal” to each website User’s visit. At present, Animaker does not respond to “Do Not Track”.

• Changes to Animaker Cookie Policy:

• Animaker reserves the right to change Animaker Cookie Policy at any time.
• If and when the changes are made, the “Last Edited” date on this page will reflect the same.
• If and when the changes are made, Users will be notified, on this page, by email or through notice on other relevant pages within Animaker.

Terms of Service

• Updated: May 29, 2020
• Thank you for choosing Animaker!
• These Terms of Service (“Terms” or “Agreement”) are an agreement between you (if signing as an individual or the legal entity you represent) ("you," or “Subscriber,” which term shall mean the user of the Animaker Services (as defined herein) and shall include such user’s executors, assigns, administrators and legal representatives) and Animaker, Inc., a Delaware corporation with a principal address of 1160 Battery Street Suite 100, San Francisco, CA 94111, United States of America ("Animaker", “us” or “we”) that governs your rights to use the services identified in this Agreement.
• You should read the entire Agreement carefully because all of the terms are important and together create a legal agreement that, once accepted by you, applies to you.
• IF YOU DO NOT AGREE TO THESE TERMS, DO NOT SIGN UP AND DO NOT USE THE SERVICES. BY USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND THE TERMS AND CONDITIONS SET FORTH IN OUR PRIVACY POLICY WHICH CAN BE FOUND HERE.

• 1. DEFINITIONS

  1.1 "Party" or "Parties" shall mean Animaker or Subscriber or both, based on the context.
• 1.2 "Agreement", “Terms”, "hereto", "herein", "hereby", "hereunder" and similar expressions refer to these Terms of Service and not to any particular Article, Section or other portion hereof, and include any and every instrument supplemental or ancillary to or in implement hereof.
• 1.3 "Content" shall mean videos, photos, images, audio, music, sounds, graphics, special effects,images, logos, branding, marks and other files, information and content, including, without limitation, flash animation and flash files.
• 1.4 "Subscription Plan" shall mean the then-existing subscription plans for use of the Animaker Services as selected by the Subscriber.
• 1.5 "Videos" shall mean animated videos created using Animaker Services by Subscriber or uploaded by Animaker, depending on the context.
• 1.6 "Content" shall mean the content made available by Animaker or the videos created by subscriber using Animaker services depending on the context.
• 1.7 "Services" shall mean Animaker software, content, applications and services, including services or software that allow you to stream, download, view or use certain digital content such as music, video, animated characters, applications and other content that Animaker makes available from time to time.
• 1.8 “Site” shall mean the Website bearing the URLs https://www.animaker.com, www.animaker.com, www.animaker.es, www.animaker.co, www.animaker.de, www.animaker.fr, www.animaker.kr, www.animaker.ru and/or any other Websites owned and/or operated by us related to the Services.
• 1.9 “User” shall mean the person who uses our Services.

• 2. SCOPE OF AGREEMENT, ACCEPTANCE AND AMENDMENT

• 2.1 AGREEMENT TO BE BOUND

  The following Agreement, together with the relevant information set out on the Website and within the Services, including any features and services available, such as RSS feeds, podcasts, video, photographs, publications, and other materials, are subject to the Terms of Service set forth below. Please read them carefully, as any use of the Services constitutes an agreement, to be bound thereby by the Subscriber.

• This Agreement is also subject to the Privacy Policy which can be found here

• 2.2 AGE

  By using the Services, you represent that you have reached the age of "majority" where you live (which in the United States is typically 18 years of age) and agree to be bound by this Agreement or you are the parent or legal guardian of a minor that has an account associated with yours and you are accepting this Agreement on their behalf. An Animaker account is necessary to use the Services. You may need to accept other terms of services and provide additional information in order to use your Animaker Account (as defined herein).

• 2.3 ELECTRONIC CONTRACTING

  Your use of the Services under this Agreement includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH SUBSCRIPTIONS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND ANY OTHER APPLICATIONS. You shall be solely responsible to have necessary hardware and software that is required to retain electronic records that you may require. Animaker shall not be held responsible for any typographical errors.

• 2.4 AMENDMENT TO TERMS OF SERVICE

  From time to time, Animaker may change or amend these Terms of Service. Animaker will notify you of such amendment, either through the user interface, in an email notification, or through other reasonable means. Your use of the Services, after the change becomes effective, will be your consent to the changed Agreement. If you do not agree to the changes, you must stop using the Services and cancel any paid Services by following the instructions in Section 6 hereof or your consent shall be deemed granted.

• 2.5 ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

  We are not responsible if information made available via the Services is not accurate, complete or current. This may include statements and claims regarding our competitors and level of our services. You acknowledge that the Services are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. You acknowledge further that any reliance on the Services is at your own risk.

• 2.6 ERRORS IN THE SERVICES

  We do not warrant that any errors in the Services will be corrected.

• 2.7 MODIFICATIONS AND CHANGES TO THE SERVICES

  We may modify, add to, suspend, or delete any aspect of the Services offered by us, in whole or in part, at our sole discretion at any time, with such modifications, additions or deletions being immediately effective. Such modifications additions or deletions may include but are not limited to content offered, hours of availability, and equipment needed for access or use.

• 2.8 ACCESS TO SERVICES

  Though we try to make the Services available twenty-four (24) hours a day, seven (7) days a week, except for planned downtime for maintenance, we do not warrant that the Services will be at all times available.
• We do not warrant that your computer, tablet, and/or smartphone will be able to access and/or support the Services.

• 2.9 RIGHT OF REFUSAL, LIMITATION, DISCONTINUATION AND TERMINATION

  We reserve the right to refuse providing access to the Services for any reason at any time in our sole and exclusive discretion. We may, in our sole and exclusive discretion, limit or cancel an Account for any reason whatsoever, including but not limited to a breach or violation by the Subscriber of any of the terms or provisions of this Agreement or any published Animaker policy or procedure; a discredit of Animaker by a Subscriber; misrepresentation of Animaker by making claims contrary to Animaker literature; ethical or legal violations that may cause Animaker to suffer damages; or any other reason whatsoever, in the sole discretion of Animaker.
• In the event that we make a change to or cancel an Account, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time your Account was created; however, the failure to do so shall not result in any liability, including liability for lost data deleted as a result of the Account termination. In the event we terminate your Account, you shall no longer be eligible to be a Animaker Subscriber at any time in the future, unless permission is granted to you, in writing, by us, in our sole and exclusive discretion.
• In addition, although the Services are intended to be accessible worldwide, the Services may not be available to all persons in all geographic locations or jurisdictions. Animaker reserves the right to limit the availability of the Services to any person, geographic area or jurisdiction it so desires, in its sole discretion, and to limit the quantities of any such product or service that it provides. Any offer for any product or service made via the Services is void where prohibited by law.

• 2.10 PROHIBITED USES OF THE SERVICES

  In addition to the other restrictions on use set forth herein, you agree and acknowledge that you shall not use the Services: (a) for any unlawful purpose; (b) to solicit third parties to perform orparticipate in any unlawful acts or to engage in acts that are unrelated to the purpose(s) of the Services; (c) to violate any international, governmental, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services. We reserve the right to terminate your use of the Services for violating any of the prohibited uses or for any other reason in our sole and exclusive decision.

• 3. GOOD CONTRACTING PRACTICES

• In addition to those restrictions set forth in Section 2.10 and elsewhere in this Agreement, you must not use the Services provided by Animaker for any of the following:
• a) Use the Services to harm, threaten, or harass another person, organization, etc.;
• b) Damage, disable, overburden, or impair the Services (or any network or authorized device connected to the Services);
• c) Assign, resell, or redistribute any part of the Services or access to the Services, including the sale or purchase of an Account;
• d) Fail to provide accurate and correct information at the time of registration or when signing up for a new Account;
• e) Share your account username and password or otherwise authorize a third-party to access or use the Services on your behalf without prior approval from Animaker;
• f) Enable or use any unauthorized third-party applications to access the Services unless the same has been authorized or otherwise provided by Animaker;
• g) Use the Services or any content on the Services for commercial purposes (except for Subscribers who purchase agency or business plans);
• h) Use or attempt to use any unauthorized means to modify, reroute, or gain access to the Services;
• i) Use any automated process or service (such as a bot, a spider, or periodic caching of information stored by Animaker) to access or use the Services, or to copy or scrape or erase data from the Services;
• j) Obtain (or try to obtain) any data from the Services or related hardware, except the data that Animaker intend to make available to you; or use the Services or related hardware to design, develop, or update unauthorized software or software application;
• k) Use unauthorized software or hardware to access the Services or modify an authorized device in any unauthorized way (e.g., through unauthorized repairs, unauthorized upgrades, or unauthorized downloads). You agree that we have the right to send data, applications or other content to any software or hardware that you are using to access the Services for the purpose of detecting an unauthorized modification and/or disabling the modified device; or
• l) Except to the extent expressly permitted by applicable law notwithstanding this prohibition attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, further sublicense, distribute, or use for other purposes the Services, animated characters, application, or other content available or accessible through the Services, or any hardware associated with the Services or with an authorized device. If you do, Animaker may cancel your account and your ability to access the Services and pursue other legal remedies. Animaker may take any legal action that deem appropriate against users who violate our systems, network security, this Agreement, any additional terms incorporated or referenced in it. Such users may also incur criminal or civil liability.
• m) Download (or try to download), extract (or try to extract), screen capture (or try to screen capture) parts of the software assets from Animaker’s library of assets, including but not limited to Characters, Properties, Backgrounds, Text, Numbers, Special Effects, Music and Transition Effects.

• 4. YOUR ACCOUNT, CONTENT, SUBSCRIPTIONS AND LICENSE

  4.1 ACCOUNT REGISTRATION

• As a registered user of Animaker's Service, you may establish an account (an "Account"). Don't reveal your Account information to any third party. You shall be solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account and agree to immediately notify Animaker of any security breach of your Account. Animaker shall not be responsible for any losses arising out of the unauthorized use of your Account.
• You agree to provide accurate and complete information when you register and use the Service. You agree to update your registration data to keep it accurate and complete. You agree that Animaker may store and use the registration data you provide for use in maintaining and billing fees to your Account and as otherwise may be set forth in our Privacy Policy
• Should Animaker suspect that such registration data information is untrue, inaccurate, not current or incomplete, Animaker reserves the right to suspend or terminate your use of the Services.

• 4.2 RIGHT TO MONITOR

  We shall have the right (but not the obligation) to monitor your Account and all activity related thereto in our sole and exclusive discretion. We may remove or disable your content and your videos that Animaker, in good faith determines to be illegal, harmful, offensive, creating liability for Animaker or its service providers, or otherwise in violation of this agreement or Animaker's acceptable use or operating policies or those of any of Animaker’s third-party service provider.

• 4.3 CONTENT & SUBMISSIONS

  Should you submit, display, publish or otherwise post any content to the Services, including but not limited to your videos produced using the Services (“Submissions”) you agree to grant us and our partners and affiliates a limited, non-exclusive, sub-licensable, transferable, worldwide, fully-paid, royalty-free license to process such Submissions for hosting, indexing, caching, tagging and for all other lawful purposes without the requirement to make payment to or seek permission from you or to any third party.
• You represent and warrant that you own or have a valid license to use any and all Submissions and otherwise have the right to grant the license set forth herein, and the displaying, publishingor posting of any Submissions does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.

• 4.4 SUBSCRIPTION PLANS

  Animaker provides Free Accounts and Paid Account. The terms of each Subscription Plan are as mentioned below and as may be further set forth on the Site, subject to change in our sole and exclusive discretion:

• 4.4.1. Free Subscription Plans

  Free Subscription Plans may be offered to you when you register for an Account with Animaker. Notwithstanding anything in this Agreement and to the contrary such Subscription Plans carry the following restrictions:
• You may use Animaker Services only for personal and non-commercial use;
• You may be able to use only a basic version of the Animaker Services;
• You shall not distribute your videos for revenue or exploit for generating any revenue therefrom;
• You shall not advertise your videos or allow viewing for any revenue generation therefrom;
• Animaker has no obligatory duty to provide any further Services under this Subscription Plan;
• You may upgrade your Account to a Paid Subscription Plan by paying such fees as are set forth on the Site and at the time of sale for the same.

• 4.4.2. Paid Subscription Plans

  Paid Subscription Plans are offered to you upon the payment of prescribed subscription fees as are set forth on the Site and at the time of sale for the same. For the duration of your Paid Subscription Plan, you shall be entitled to Animaker's Services during the subscription term, which shall include:
• You may use Animaker Services for personal, commercial or internal business use based on your selected Paid Subscription Plan;
• You may distribute your videos for revenue or exploit for generating any revenue based on your selected Paid Subscription Plan;
• You may advertise your videos or allow viewing for revenue;
• You may publish your videos according to the facilities provided to you, based on your selected Paid Subscription Plan;
• You may publish your videos on other viewing platforms, such as via satellite or cabletelevision with the prior, written permission of Animaker; Animaker has no obligatory duty to provide any services under this subscription;
• You may downgrade from Paid account only on the expiry of your subscription;

• 4.5 LICENSE

  Animaker grants you a non-exclusive right to access and use Animaker Services and a perpetual license to distribute the videos made by you subject to the terms and conditions set forth in this Agreement and any such limitations as may be imposed upon you based on your Subscription Plan at the time of video creation.

• 5. PAYMENT, TAXES AND REFUND POLICY

• 5.1 PAYMENT AND TAXES

• 5.1.1 Subscription Fees

• You agree that you will pay for Subscription Plan chosen by you for use of the Animaker Services. Animaker may charge your payment method for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING ANIMAKER WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES.
• All fees are payable in advance. All fees are non-refundable in US Dollars and shall be billed to your address or where applicable your business, company or organization address as provided by you upon Account registration.
• Payment shall be made via Mastercard, Visa Card, Amex, Discover, JCB and you hereby authorize Animaker to charge your Credit/Debit card and store information of your Credit/Debit card in accordance with our Privacy Policy.
• You Credit/Debit card shall be billed in advance on monthly, quarterly or yearly basis depending on the Subscription Plan you choose.
• Your total price will include the price of the Subscription Plan plus any applicable taxes; such taxes are based on the bill-to address and the tax rate in effect at the time of purchasing the Subscription Plan.

• 5.1.2 Renewal Fees

  Your Subscription Plan will renew automatically, unless Animaker terminates it or you terminate this Agreement pursuant to Section 5 or downgrade your subscription to a free account.You must cancel your Subscription Plan before it renews in order to avoid billing of subscription fees for the renewal term.

• 5.1.3 Fees in the Event of Downgrade

  To downgrade your subscription to a free account, you can use Change of your Subscription Plan in your account page. The change will become effective at the end of your subscription period. You must You must continue to pay all fees that come due during the remainder of your Subscription Plan.

• 5.1.4 Termination Services

  If you fail to timely pay the applicable fees, Animaker may suspend or terminate your access to either the Animaker Services or certain features of the Animaker Services by downgrading you service to a free account. You agree to promptly pay Animaker in the event of any refusal of your Credit/Debit card issuer to pay any amount to Animaker for any reason. You agree to pay all costs of collection, including attorneys' fees and costs, on any outstanding balance. In the event you fail to pay any amount when due, Animaker may suspend or terminate your access to the Animaker Services and delete your Videos.

• 5.1.5 Late Payment

  Any amounts not paid when due are subject to an interest charge at a rate of 1.5% or the maximum rate permitted by law, whichever is less.

• 5.1.6 Hold Harmless

  You are responsible for, and will indemnify and hold Animaker harmless from, payment of all taxes (other than taxes based on Animaker's net income), fees, duties, and other governmental charges, and any related penalties and interest, arising from the payment of fees to Animaker under this Agreement or the delivery or license of the Animaker Services or use of the Animaker Services or provision of any related services. You will make all payments to Animaker free and clear of, and without reduction for, any withholding taxes; any such taxes imposed on payments of fees to Animaker will be your sole responsibility, and you agree to provide Animaker with official receipts issued by the appropriate taxing authority, or such other evidence as Animaker may reasonably request, to establish that such taxes have been paid.

• 5.2 REFUND

  a) If the service becomes unavailable at any time because of technical problems or there is unreasonable delay in providing access to service, your exclusive and sole remedy is refund of the price paid without any interest.
• b) There shall be no refund for partial months of service, upgrade or unused months.
• c) Prices for all the services offered by Animaker may change at any time, and the Services do not provide price protection or refunds in the event of a price reduction or promotional offering.

• 6. TERM AND TERMINATION

• 6.1 TERM

  This Agreement begins and binds upon you on the day you successfully register with Animaker and continue till the end of the subscription term, depending upon the Subscription Plan you choose.

• 6.2 RENEWAL

  If you give a notice of non-renewal of Paid Account to Animaker, your account will by default be downgraded to Free Account. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term.

• 6.3 TERMINATION

  Animaker may terminate this Agreement at any time if you breach any of the terms and conditions set out in this Agreement without giving prior notice or at any other time in its sole and exclusive discretion as set forth in this Agreement.

• 6.4 EFFECT OF TERMINATION

  In the event of termination or expiration of this Agreement, you must immediately cease all use of the Animaker Services. Apart from which, upon termination of your subscription and except for the license to distribute your videos in the manner authorized by your Subscription Plan, all of the licenses granted to you hereunder will terminate. Additionally, Animaker may, at its option, block your access to the Services and/or delete your content and videos from its Services. The definitions, rights, duties and obligations of all parties to this agreement, will continue and shall survive any termination or expiration of this Agreement.

• 6.5 CANCELLATION BY USER

• Should you wish to terminate this Agreement, you must email your notice of termination to the email address: help@animaker.com . In the event of your termination pursuant to this Section, a. this Agreement will terminate at the end of the then-current term; b. you must continue to pay all fees that come due during the remainder of this Agreement.

• 7. Youtube Export

• Youtube export option in Animaker's publish flow is implemented as a Youtube Data API Client application.
• To upload videos created on Animaker directly into the user's Youtube account, a google account, as well as a Youtube channel is mandatory.
• Use of the API Client is governed by Youtube's Terms of Service (ToS) and Google's Privacy Policy. When granting the API Client access to the user's account, permission is given to manage the user's Youtube channel. This access can be revoked in the user's Google account security settings permissions page.

• 8. INTELLECTUAL PROPERTY

• 8.1 INTELLECTUAL PROPERTY RIGHTS NOT WAIVED

  You agree that the Animaker Services, including but not limited to Animaker products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Animaker Services, contains proprietary information and material that is owned by Animaker and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Animaker Services in compliance with this Agreement. No portion of the Animaker Services may be reproduced in any form or by any means, except as expressly permitted in these Terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Animaker Services in any manner, and you shall not exploit the Animaker Services in any unauthorized way whatsoever, including, but not limited to, by trespass.
• You may make a single print copy of any Animaker text, photographs, images, illustrations, video clips, audio clips, and graphics, provided by us on the Site and/or via the Animaker Services for personal, non-commercial use only, provide that you neither remove nor cause to be removed any copyright, trademarks, or other proprietary notices or visual marks or logos from such materials. You may not archive or retain any of the foregoing materials accessed on the Site or via the Animaker Services without our express written permission. All requests for archiving, republication or retention of any part of the foregoing materials must be in writing to us and must clearly state the purpose and manner in which the foregoing materials will be used. Requests for permission to archive, retain, or republish any part of the foregoing materials may be submitted via email to info@animaker.com.
• Notwithstanding any other provision of this Agreement, Animaker and its licensors reserve the right to change, suspend, remove, or disable access to any Animaker products, content, or other materials comprising a part of the Animaker Services at any time without notice. In no event will Animaker be liable for making these changes. Animaker may also impose limits on the use of or access to certain features or portions of the Animaker Services, in any case and without notice or liability.
• All copyrights in and to the Animaker Services (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by Animaker and/or its licensors, who reserve all their rights in law and equity.
• THE USE OF ANIMAKER SERVICES, EXCEPT FOR USE OF THE ANIMAKER SERVICES AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INTELLECTUAL PROPERTY INFRINGEMENT.
• Animaker, Animaker’s logo, and other Animaker trademarks, service marks, graphics, and logos used in connection with the Animaker Services are trademarks of Animaker Inc. in the United States of America and other countries. Other trademarks, service marks, graphics, and logos used in connection with the Animaker Services may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
• As an Account holder of the Animaker Services in good standing, you may be provided with access to download certain videos created by you using Animaker Services. Such access is provided as an accommodation only, and Animaker does not warrant, and will not have any liability or responsibility for, such art or your use thereof. You may access videos for which you are the lawful owner of a legal copy. Access is provided for personal and commercial use depending upon your subscription plan. You agree that you will not use Animaker Services in any manner that would infringe or violate this Agreement or the rights of any other party, and that Animaker is not in any way responsible for any such use by you.

• 8.2 FEEDBACK

  You may have the opportunity to provide reviews, suggestions, ideas, and feedback, (collectively, “Feedback.”) Should you so provide such Feedback you grant us sole ownership of the same, which includes, without limitation, the right for us or any third party we designate, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed. All such Feedback shall be treated as non-confidential.
• If it is determined that you retain moral rights (including rights of attribution or integrity) in the content submitted by you, you hereby declare that (a) you do not require that any personally- identifying information be used in connection with the content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the content by us or our licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the content; and (d) you forever release us, and our licensees, successors and assigns, from any claims that you could otherwise assert against us by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the content for that user's personal use.
• Notwithstanding the foregoing, you acknowledge that your Feedback may contain concepts, ideas, materials, proposals, suggestions and the like relating to Animaker or its initiatives, (your “Ideas.”) With respect to your Ideas you acknowledge that: (a) we receive numerous submissions from many parties and/or may have independently-developed and/or considered ideas similar to your Ideas, and that our review of your Ideas is not an admission of novelty, priority or originality; and (b) our use of any ideas similar to your Ideas, whether based on your Feedback or Submissions, provided to us by third parties, or independently-developed or considered by us, shall be without obligation to you.

• 9. CONFIDENTIALITY

  You hereby acknowledge and agree that all information, written and oral, concerning Animaker Services furnished from time to time to you is provided on a confidential basis. You further acknowledge and agree that you will not disclose such information, other than where such disclosure is required by law or where such information is already available to the public other than as a result of disclosure by Animaker, to anyone other than Animaker's officers, directors, employees, legal counsel, accountants, or authorized agents or advisors, who will agree in writing to be bound by the provisions of this Section.

Please see our Privacy Policy for detail on what confidential information we collect from our users, how we use such information, and with whom we share it.

• 10. Third-Party Advertisements, Promotions, and Links

• 10.1 Third Party Advertisements and Promotions

  We may, from time to time, run advertisements and promotions from third parties on the Site or via the Animaker Services. Your dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site or via the Animaker Services.

• 10.2 Use of Third-Party Tools

  We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
• You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
• Any use of optional tools by you, as offered through the Site or via the Animaker Services is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party providers.
• We may also, in the future, offer new services and/or features through the Site or via the Animaker Services, including but not limited to the release of new tools. Such new features and/or services shall also be subject to these Terms, unless otherwise, these features come with their Terms of Service and/or Privacy Policy.

• 10.3 Third-Party Links

  Certain content, products and services available via our Site or the Animaker Services may include materials from third parties.
• Third-party links on the Animaker Services may direct you to third-party Websites and/or services that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or Websites and/or services, or for any other materials, products, or services of third parties.
• We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party with whom you connect via the services. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

• 11. DISCLAIMER OF WARRANTIES, LIABILITY LIMITATION

  11.1 ANIMAKER DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE ANIMAKER SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME ANIMAKER MAY REMOVE THE ANIMAKER SERVICES FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE ANIMAKER SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU.
• 11.2 YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE ANIMAKER SERVICES IS AT YOUR SOLE RISK. THE ANIMAKER SERVICES AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE ANIMAKER SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY ANIMAKER) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
• 11.3 WE DISCLAIM ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY-IDENTIFIABLE INFORMATION. BY UTILIZING THE ANIMAKER SERVICES OR SITE YOU ACKNOWLEDGE AND AGREE TO OUR DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR OTHERWISE UTILIZE THE ANIMAKER SERVICES OR THE SITE.
• 11.4 IN NO CASE SHALL ANIMAKER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE ANIMAKER SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE ANIMAKER SERVICES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, PERSONAL INJURY OR DEATH, PROPERTY DAMAGE, REPUTATIONAL HARM, OR LOSS OF INFORMATION OR DATA, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ANIMAKER SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ANIMAKER'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
• 11.5 ANIMAKER SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE ANIMAKER SERVICE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND ANIMAKER HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
• 11.6 ANIMAKER DOES NOT REPRESENT OR GUARANTEE THAT THE ANIMAKER SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND ANIMAKER DISCLAIMS ANY LIABILITY RELATING THERETO. SOME PRODUCTS AND/OR SERVICES MAY BE DOWNLOADED ONLY ONCE; AFTER BEING DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN CONTENT.
• The above limitations shall survive these Terms and inure to the benefit of us and our affiliates and respective directors, officers, employees and agents.

• 12. WAIVER AND INDEMNITY

  By using the Animaker Services, you agree, to the extent permitted by law, to indemnify and hold Animaker, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of or related to your breach of this Agreement, your use of the Animaker Services, your use of third-party services, products, links, advertisements, and/or tools, your violations of any third-party rights, including third-party intellectual property rights, the unauthorized use of the Animaker Services by any other person using your information, your interaction with other users, and or any action taken by Animaker as part of its investigation of a suspected violation of this agreement or as a result of its finding or decision that a violation of this agreement has occurred. This means that you cannot sue or recover any damages from Animaker, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the Animaker service, or to take any other action during the investigation of a suspected violation or as a result of Animaker's conclusion that a violation of this agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this agreement.

• 13. MISCELLANEOUS

• 13.1 GOVERNMENT RESTRICTIONS

  You may not export or re-export any of your content, and Animaker services except in compliance with the laws of United States of America. The foregoing and all accompanying documentation are deemed to be "commercial computer software" and "commercial computer software documentation," respectively. Any use, modification, reproduction, release, performing, displaying, or disclosing of the foregoing by the Government of the United States of America is governed solely by the terms of this Agreement.

• 13.2 ASSIGNMENT

  Without prior consent of Animaker you may not transfer or assign your rights granted under this Agreement, in whole or in part, except in connection with a merger, acquisition or sale of all or substantial assets to which this agreement relates. You agree to inform Animaker of other party involved in any Merger or Acquisition. Animaker may freely transfer or assign its rights under this agreement. If you purchase a "Transfer Rights" license or if otherwise expressly authorized by your Paid account or higher subscription, you may assign or otherwise transfer the right to distribute your videos to third parties, subject to you following the procedures and terms outlined by Animaker for the transfer and the assignee separately agreeing with you in writing to be bound by this Agreement. Upon such an assignment or transfer, you may not retain any rights to use that Video further.

• 13.3 JURISDICTION/DISPUTES

  This Agreement shall be governed in accordance with the laws of the State of California, United States of America. All disputes under this Agreement shall be resolved by litigation in the courts of the State of California, United States of America, including the federal courts therein and the Parties all consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it.

• 13.4 ARBITRATION

  Any and all claims and disputes arising under or relating to this Agreement and/or the Animaker Services are to be settled by binding arbitration in the State of California, United States of America. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator experienced in the software services industry and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction. No claims and disputes arising under or relating to this provision may be brought by a user more than one (1) year after the event giving rise to the cause of action has occurred or should diligently been discovered. Notwithstanding the foregoing, the parties shall be free to bring a request for injunctive relief before a court of competent jurisdiction in the event of immediate and irreparable harm.

• 13.5 SUCCESSORS

  The provisions of the Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their heirs, administrators, successors and assigns.

• 13.6 WAIVER

  No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same of other provisions of this Agreement.

• 13.7 SEVERABILITY

  If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.

• 13.8 INTEGRATION

  This Agreement constitutes the entire understanding of the Parties, and revokes and supersedes all prior agreements between the Parties and is intended as a final expression of their Agreement. This Agreement shall take precedence over any other documents which may conflict with this Agreement.

• 13.9 FORCE MAJEURE

  We shall not be bound to meet any obligation if prevented from doing so as a consequence of acts of God or force majeure, including but not limited to measures taken or imposed by any government or public authority or in case of any other event beyond the control of us, including but not limited to natural disasters (such as storm, hurricane, fire, flood, earthquake), war, civil unrest, terrorist activities, states of emergency, government sanctions, embargoes, nationalizations, strikes and breakdowns of public utilities (such as of electricity or telecommunication services). We shall use all reasonable efforts to notify you of the circumstances causing the delay and to resume performance as soon as possible, both without undue delay.

• 13.10 AFFILIATE DISCLOSURE

  We may have an affiliate relationship with third-parties and affiliates to whose products and/or services we link and promote through the Site and/or the Animaker Services. Because of this relationship, we may earn a commission on products purchased by a user from a third-party affiliate.

• 13.11 AUTHORITY

  Each Party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its Terms.

• 13.12 Rights of Third Parties

  These Terms do not give any right to any third party unless explicitly stated herein.

• 13.13 Relationship of the Parties

  The parties are independent contractors under these Terms, and nothing herein shall be construed to create a partnership, joint venture or agency relationship between them. Neither party has authority to enter into Terms of any kind in the name of the other party.

• 13.14 NOTICES

  Except as explicitly stated otherwise, any notices shall be given by postal mail to Animaker, Inc. at 1160 Battery Street Suite 100, San Francisco, CA 94111, United States of America (our “Mailing Address”) and in the case of any user, to the email address you provide to us (either during the registration process or when your email address changes). Notice shall be deemed given twenty- four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us upon Account registration. In such case, notice shall be deemed given three (3) calendar days after the date of mailing.

• 13.15 FOR OUR EUROPEAN USERS

  We agree to fully comply with the letter and the spirit of the EU General Data Protection Regulation (“GDPR”). If you are a European resident, work in Europe and/or use our Services in Europe, this Subsection 12.15 applies to you. If you are not a European resident, do not work in Europe, or do not use our Services in Europe, this Subsection 12.15 does not apply to you.
• If you have any comments or concerns about our policies and procedures with respect to your Personal Data, please email us at legal@animaker.com or send a letter to our Mailing Address set forth in Subsection 12.14 above. If you do not want us to use, transport, process or store your Personal Data, please do not register to use our Services. If you register to use our Services, you agree to allow us to use, transport, process and store your Personal Data in conjunction with the provision of such Services.
• You acknowledge that we cannot provide our Services without processing, transporting, storing or using your Personal Data. But, if at any time, you want us to stop using, transporting, processing or storing your Personal Data, we will do so upon your request unless we need such Personal Data to fulfill our duties and obligations to you under these Terms. We will stop using, processing, and/or storing your Personal Data when we no longer need such Personal Data. If you want a list of your Personal Data that we are using, storing, or processing, just email a request to us at legal@animaker.com or send a letter to us at our Mailing Address. If you do not want to receive any communications to you about our Services, just email or send a letter to us and we will stop doing so. If you receive an email or a letter from us, just follow the directions and tell us whether or not you want to continue to receive such information in the future. We will follow your directions.
• Please go to our Privacy Policy, which can be found here, which also contains our commitment to GDPR compliance and a detailed description of how we use and process your Personal Data.

• 13.16 COPYRIGHT INFRINGEMENT/DMCA NOTICE

  If you believe that any content on our Website or App violates your copyright, and you wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA Takedown Notice”)) must be provided to our designated Copyright Agent.
• Your physical or electronic signature;
• Identification of the copyrighted work(s) that you claim to have been infringed;
• Identification of the material on our Website that you claim is infringing and that you request us to remove;
• Sufficient information to permit us to locate such material;
• Your address, telephone number, and e-mail address;
• A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
• Animaker’s Copyright Agent to receive DMCA Takedown Notices is Loganathan Kodiyarasu, at logu@animaker.com , Animaker, Inc., Attn: DMCA Notice, 1160 Battery Street Suite 100, San Francisco, CA 94111, United States of America. You acknowledge that for us to be authorized to take down any content, your DMCA Takedown Notice must comply with all the requirements of this Section. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of a material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorneys’ fees incurred by Animaker in connection with the written notification and allegation of copyright infringement.

Privacy Policy

• Effective: August 14th, 2020

• 1. INTRODUCTION

  Our privacy policy (our “Privacy Policy”) will help you understand what information we collect at Animaker, how we use it, and what choices you have. We believe strongly that your Personal Information (as defined below) should be protected. We believe strongly in privacy. We will do what is necessary to protect your Personal Information and preserve its privacy.
• When we talk about Animaker (“Animaker,” “we,” “our,” or “us”) in this Policy, we are referring to Animaker Inc., the company that provides the Services. When we talk about the “Services” in this Policy, we are referring to our online state of the art animation platform (the “Animaker Platform” or the “Platform”), and hosted services (“Animaker Services” or “Services”). When we talk about you (“you,” or “User”), we are talking about persons or entities, including your employer, who accesses or authorizes others to access our Platform, use our Services, download our mobile application (the “App”) and/or visit or register at our Website (www.animaker.com) (our “Website”).
• NOTE THAT WE DO NOT SELL YOUR PERSONAL INFORMATION, NOR DO WE INTEND TO DO SO. WE DO NOT GIVE ACCESS TO YOUR PERSONAL INFORMATION TO THIRD PARTIES EXCEPT TO SUB PROCESSORS TO ASSIST US IN THE PROVISION OF OUR SERVICES TO YOU.
• If you don’t understand something in this Privacy Policy or our Terms of Service, please contact us at legal@animaker.com and we will help you. Please do not register until you are comfortable with this Privacy Policy and our Terms of Service, which can be found here.
• BUT NOTE, IF YOU ACCESS OUR PLATFORM, USE OUR SERVICES, DOWNLOAD OUR APP, REGISTER WITH US, OR NAVIGATE ON OUR WEBSITE, YOU AGREE TO COMPLY WITH AND BE BOUND BY THIS PRIVACY POLICY AND OUR TERMS OF SERVICE AT HTTPS//WWW.ANIMAKER.COM/TERMS- POLICY. IF YOU DISAGREE WITH OR DO NOT WANT TO BE BOUND BY THIS PRIVACY POLICY, DO NOT ACCESS OUR PLATFORM, USE OUR SERVICES, DOWNLOAD OUR APP, REGISTER WITH US, OR NAVIGATE ON OUR WEBSITE.
• Our Services are currently available for use via our Website or App specific to your desktop or mobile device, as further described in our Terms of Service at https//www.animaker.com/terms-policy. Unless not defined in this Privacy Policy, capitalized terms herein will have the same meaning as ascribed to them in our Terms of Service at https//www.animaker.com/terms-policy. One of our Services is commonly known as the “Instance,” which enables Users to easily create "videos" for use by their businesses.

• 2. INFORMATION WE COLLECT AND RECEIVE

• We collect the following information from you, which is collectively referred to as Personal Information (“Personal Information”), which includes Customer Data as defined below, as this information identifies you as an individual.
• Note that Personal Information is commonly referred to as personal information or personally identifiable information (the “PII”) in the US and as Personal Data in Europe. Throughout this Privacy Policy, we will refer to such information as Personal Information, unless a statutory definition otherwise applies.

• 1. Customer Data

  a. Content and information submitted by you to register or access the Platform and/or use our Services is referred to in this Privacy Policy as Customer Data (the “Customer Data”, which is included under Personal Information). Customer Data includes any information that describes you as an individual including name, email address, phone number, business address, title, IP address, employer, etc. Customer Data is controlled by the entity, usually an employer but sometimes an individual that is authorized to use the Platform (the “Customer”). Where Animaker collects or processes Customer Data, it does so on behalf of the Customer. Under the European Union’s Regulation (EU) 2016/679, General Data Protection Regulation (“GDPR”), you will be the “Controller,” as defined in the GDPR, of the Personal Information of your European employees and/or European residents or visitors, who access our Platform on your behalf, and we will be the “Processor,” as defined in the GDPR, of such Personal Information.
• b. If your Company authorizes you to join an Animaker-powered, customer- created Instance feature/function and create a user account, you are an “Authorized User,” as further described in the User Terms of Service at https//www.animaker.com/terms-policy. For sake of clarification, “you” or “your” generally refers to the Authorized User. If you are using the Services by invitation of a Customer, whether that Customer is your employer, another organization, or an individual, that Customer sets its own policies regarding storage, processing, access, modification, deletion, sharing, and retention of Customer Data, which may affect your use of the Services. Please check with the Customer about the policies and settings it has in place. In some cases, as fully discussed in our User Terms of Service at https//www.animaker.com/terms-policy, you may be both the Authorized User and the Customer.

• 2. Other information

  Animaker may also collect and receive the following information:
• a. Account Creation Information. Authorized Users may provide information such as an email address, phone number, and password to create an account.
• b. Animaker Instance Setup Information. When a Customer creates an Animaker Instance using the Platform and our Services, we may collect an email address, name, photo, domain details (such as instance-name. Animaker.com), user name for the individual setting up the instance, and password. We may also collect administrative team contact info, such as a mailing address. For more information on Instance set-up, click here.
• c. Billing and other Information. For Customers that purchase a paid version of the Services, our corporate affiliates and our third-party payment processors may collect and store billing address and credit card information on our behalf or we may do this ourselves.
• d. Services Usage Information. This is information about how you are accessing and using the Services, which may include administrative and support communications with us and information about the instances, channels, people, features, content, and links you interact with, and what third party content, assessments and integrations that you use (if any).
• e. Contact Information. With your permission, any contact information you choose to import is collected (such as an address book from a device) when using the Services.
• f. Log data. When you use the Services our servers automatically record information, including information that your browser sends whenever you visit a website or your mobile application sends when you are using it. This log data may include your Internet Protocol address, the address of the web page you visited before using the Services, your browser type and settings, the date and time of your use of the Services, information about your browser configuration and plug-ins, language preferences, and cookie data.
• g. Device Information. We may collect information about the device you are using the Services on, including what type of device it is, what operating system you are using, device settings, application IDs, unique device identifiers, and crash data. Whether we collect some or all of this information often depends on what type of device you are using and its settings.
• h. Geo-location Information. Precise GPS location from mobile devices is collected only with your permission. WiFi and IP addresses received from your browser or device may be used to determine approximate location.
• i. Services Integrations. If, when using the Services, you integrate with a third-party service, we will connect that service to ours. The third-party provider of the integration may share certain information about your account with Animaker.
• j. Third-party Data. Animaker may also receive information from affiliates in our corporate group, our partners, or others that we use to make our own information better or more useful. This might be aggregate level information, such as which IP addresses go with which zip codes, or it might be more specific information, such as about how well an online marketing or email campaign performed.

• 3. OUR COOKIE POLICY

• a. Cookies (or browser cookies).

  A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website and/or App. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website and/or App.

• b. Cookie Policy.

  Our cookie policy can be found here. Please read it.

• c. Flash Cookies.

  Flash Cookies are local storage objects (or flash cookies) that collect and store information about your preferences and navigation to, from and on our Website and/App.

• d. Web Beacons.

  Web beacons and similar technologies are small bits of code, which are embedded in web pages, ads, and e-mail, that communicate with third parties. We may use web beacons, for example, to count the number of users who have visited a particular web page, to deliver or communicate with cookies, and to understand usage patterns. We also may include web beacons in emails to understand whether messages have been opened, acted on, or forwarded.

• e. Automatic Data Collection.

  We use automatic data collection to (a) understand and save your preferences for future visits; (b) compile aggregate data about Website traffic and Website interactions in order to offer better Website experiences and tools in the future; and (c) we may also use trusted third-party services that track this information on our behalf.

• f. Advertising Networks.

  We may choose to work with Google AdWords, Doubleclick, AdRoll or other advertising networks. Each of these companies has its own privacy policy, which we encourage you to review. For more information about advertising and tracking online, visit the Network Advertising Initiative. This website allows consumers to “opt out” of the behavioral advertising delivered by member companies.

• g. Personal Information.

  We do not collect Personal Information automatically, but we may tie this information to Personal Information about you that we collect from other sources or you provide to us.

• 4. HOW WE USE YOUR INFORMATION

• We use your Personal Information to provide and improve the Services. Animaker may access and use Personal Information as reasonably necessary and in accordance with User’s instructions to (a) provide, maintain and improve the Services and Instance; (b) to prevent or address service, security, technical issues or at a User’s request in connection with customer support matters; (c) as required by law; and (d) as set forth in our agreement with the User or as expressly permitted in writing by the User.
• We also use your Personal Information in providing the following Services:

• a. To understand and improve our Services.

  We carry out research and analyze trends to better understand how users are using the Services and improve them.

• b. To communicate with you by:

• i. Responding to your Requests. If you contact us with a problem or question, we will use your information to respond.
• ii. Sending Emails and Animaker Messages. We may send you Services and administrative emails and messages. We may also contact you to inform you about changes in our Services, our Service offerings, and important Service related notices, such as security and fraud notices. These emails and messages are considered part of the Services and you may not opt-out of them. In addition, we sometimes send emails about new product features or other news about Animaker. You can opt out of these at any time by sending us an email at help@animaker.com or clicking at the unsubscribe button, where applicable. We are offering an opt-out option in our Website itself.
• iii. Billing and Account Management. We use account data to administer accounts and keep track of billing and payments.
• iv. Communicating with you and Marketing. We often need to contact you for invoicing, account management and similar reasons. We may also use your contact information for our own marketing or advertising purposes. You can opt out of these at any time by sending us an email at help@animaker.com or clicking at the unsubscribe button, where applicable.
• v. Investigating and preventing bad stuff from happening. We work hard to keep the Services secure and to prevent abuse and fraud.

• c. Disaggregated Data.

  This Privacy Policy is not intended to place any limits on what we do with data that is aggregated and/or de-identified so it is no longer associated with an identifiable user or Customer of the Services.

• 5. YOUR CHOICES

• You provide us with instructions on what to do with your Personal Information. You have many choices and control over Personal Information. For example, you may provision or de-provision access to the Services, enable or disable third party integrations, manage permissions, retention and export settings, transfer or assign instances, share channels, or consolidate instances or channels with other instances or channels.
• If you have any questions about your Personal Information, our use of such information, or your rights when it comes to any of the foregoing, contact us at help@animaker.com

• 6. OTHER CHOICES

• Browser.

  In addition, the browser you use may provide you with the ability to control cookies or other types of local data storage. Your mobile device may provide you with choices around how and whether location or other data is collected and shared. Animaker does not control these choices, or default settings, which are offered by makers of your browser or mobile device operating system.

• 7. SHARING AND DISCLOSURE OF PERSONAL INFORMATION

  There are times when Personal Information described in this Privacy Policy may be shared by Animaker. This section discusses only how Animaker may share such information. Customers determine their own policies for the sharing and disclosure of their Personal Information. Animaker does not control how Customers or their third parties choose to share or disclose Personal Information.

• a. Animaker may share Personal Information in accordance with our agreement with the Customer and the Customer’s instructions, including:

• i. With third party service providers and agents. We engage with third party companies or individuals to provide information and learning tools on Instance, therefore we share Personal Information with those third-party companies or individuals.
• ii. With affiliates. We may engage affiliates in our corporate group to process Personal Information.
• iii. With third party integrations. Animaker may, acting on our Customer’s behalf, share Personal Information with the provider of an integration added by Customer. Animaker is not responsible for how the provider of an integration may collect, use, and share Personal Information, as this is the responsibility of the Customer.

• b. Animaker may also share or disclose your Personal Information as follows:

• i. About you with the Customer: There may be times when you contact Animaker to help resolve an issue specific to an instance of which you are a member. In order to help resolve the issue and given our relationship with our Customer, we may share your concern with our Customer.
• ii. With Third Party Service Providers, Content Partners and Agents: We may engage third party companies or individuals, such as third-party payment processors, to process information on our behalf. You may request a list of all of our third party subprocessors by emailing us at legal@annimaker.com or by writing us at Animaker, Inc., 1160 Battery Street Suite 100, San Francisco, CA 94111,.
• iii. With Affiliates: We may engage affiliates in our corporate group to process your Personal Information.
• iv. During Changes to our Business Structure: If we engage in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of Animaker 's assets, financing, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities (e.g. due diligence).
• v. To Comply with Laws: To comply with legal or regulatory requirements and to respond to lawful requests, court orders and legal process.
• vi. To Enforce our Rights, Prevent Fraud and for Safety: To protect and defend the rights, property, or safety of us or third parties, including enforcing contracts or policies, or in connection with investigating and preventing fraud.
• vii. We may Disclose or Use Aggregate or De-identified Information for any Purpose: We may share aggregated or de-identified information with our partners or others for business or research purposes like telling a prospective Animaker Customer the average number of messages sent within a Animaker Instance in a day or partnering with research firm or academics to explore interesting questions about learning science and knowledge management.

• 8. SECURITY

• a. Protection of Personal Information.

  Animaker takes security seriously. We take various steps to protect information you provide to us from loss, misuse, and unauthorized access or disclosure. These steps take into account the sensitivity of the information we collect, process and store, and the current state of technology.

• b. Security Measures.

  We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on secure servers of our hosting service provider partner.

• c. Compliance with our Procedures.

  The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of Website and/or App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

• d. Transmission via the Internet.

  Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Website and/or App. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website and/or App.

• e. Fair Information Practice Principles.

  In the event of a personal data breach, we will notify the User within 72 hours via (i) email, and/or (ii) our Platform notification system on our Website and/or App. We will also notify the FTC, FCC and/or any other relevant state regulatory agency. We agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.

• 9. YOUR CALIFORNIA PRIVACY RIGHTS

  Animaker does not sell, trade, or otherwise transfer to outside third parties your “Personal Information” as the term is defined under the California Civil Code Section § 1798.82(h). Additionally, California Civil Code Section § 1798.83 permits Users of our Website or App that are California residents to request certain information regarding our disclosure of their Personal Information to third parties for their direct marketing purposes. To make a request for such disclosure, or identification and/or deletion of Personal Information in all our systems that we store on you, please send an email to help@animaker.com or write us at Animaker, Inc., 1160 Battery Street Suite 100, San Francisco, CA 94111,.
• Note that (i) if we delete your Personal Information as requested, we will no longer be able to provide our services to you and (ii) we may need to keep such Personal Information for a while during the shutting down and billing process. If you would like to discuss our Personal Information storage and processing process with us, please send us an email at help@animaker.com or write us at Animaker, Inc., 1160 Battery Street Suite 100, San Francisco, CA 94111,

• 10. COPPA COMPLIANCE (FOR CHILDREN UNDER 13 USERS ONLY)

  The Children’s Online Privacy Protection Act (“COPPA”) is a federal legislation that applies to entities that collect and store “Personal Information,” as the term is defined under COPPA, from children under the age of 13. We are committed to ensure compliance with COPPA. Our Website and App are not meant for use by children under the age of 13. Our Website and App do not target children under the age of 13, but we do not age-screen or otherwise prevent the collection, use, and personal disclosure of persons identified as under 13. If you would like to know more about our practices and specifically our practices in relation to COPPA compliance, please email us at info@animaker.com.
• IF YOU ARE UNDER 13, PLEASE DO NOT ACCESS OR USE OUR WEBSITE and APP.

• 11. INTERNATIONAL USERS INCLUDING EUROPEAN VISITORS, CONSUMERS, AND CUSTOMERS

• a. General

• i. We are headquartered in the United States. Most of operations are located in the United States and India. Your Personal Information, which you give to us during registration or use of our Platform, may be accessed by or transferred to us in the United States. If you are visiting our Web site or registering for our Services from outside the United States, be aware that your Personal Information may be transferred to, stored, and processed in the United States. Our servers or our third-party hosting services partners are located in the United States. By using our site, you consent to any transfer of your Personal Information out of Europe for processing in the US or other countries.
• ii. If you are a resident of or a visitor to Europe, you have certain rights with respect to the processing of your Personal Data, (referred here as PersonalInformation), as defined in the GDPR.
• iii. Please note that in some circumstances, we may not be able to fully comply with your requests, or we may ask you to provide us with additional information in connection with your request, which may be Personal Information, for example, if we need to verify your identity or the nature of your request.
• iv. In such situations, however, we will still respond to let you know of our decision. As used herein, “Personal Information” means any information that identifies you as an individual, such as name, address, email address, IP address, phone number, business address, business title, business email address, company, etc.
• v. To make any of the following requests, please contact us (i) via email at legal@animaker.com, (ii) by phone at our toll-free number +1 888-359-9292, or (iii) by writing to us at Privacy Officer, 1160 Battery Street Suite 100, San Francisco, CA 94111,.

• a. Access:

  You can request more information about the Personal Information we hold about you. You can also request a copy of the Personal Information.

• b. Rectification:

  If you believe that any Personal Information we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. You can also correct some of this information directly by logging into your service account. Please contact us as soon as possible upon noticing any such inaccuracy or incompleteness.

• c. Objection:

  You can contact us to let us know that you object to the collection or use of your Personal Information for certain purposes.

• d. Erasure:

  You can request that we erase some or all of your Personal Information from our systems.

• e. Restriction of Processing:

  You can ask us to restrict further processing of your Personal Information.

• f. Portability:

  You have the right to ask for a copy of your Personal Information in a machine-readable format. You can also request that we transmit the data to another entity where technically feasible.

• g. Withdrawal of Consent:

  If we are processing your Personal Information based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, it may limit your ability to use some/ all of our Services or Platform and you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Information, if such use or disclosure is necessary to enable you to utilize some or all of our Services and Platform.

• h. Right to File Complaint:

  You have the right to lodge a complaint about our practices with respect to your Personal Information with the supervisory authority of your country or EU Member State. Please go to https://ec.europa.eu/justice/article-29/structure/data-protection- authorities/index_en.htm to locate your Data Protection Authority.

• i. Response.

  We will respond to your inquiry within thirty (30) days of the receipt.

• b. European Complaints

• i) In compliance with the Privacy Shield Principles, Animaker commits to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Animaker at legal@animaker.com or at our mailing address,
• Name: Loganathan Kodiyarasu
• Title: Chief Operating Officer
• Company: Animaker, Inc.
• Address: 1160 Battery Street Suite 100, San Francisco, CA 94111, USA.
• Email: logu@animaker.com
• Phone: 1 628-209-0678
• ii) Animaker has further committed to refer unresolved Privacy Shield complaints to the Better Business Bureau, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please visit https://www.bbb.org/EU-privacy- shield/for-eu-consumers for more information or to file a complaint. The services of Better Business Bureau are provided at no cost to you. Animaker commits to cooperate with EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) and comply with the advice given by such authorities with regard to human resources data transferred from the EU and Switzerland in the context of providing our SERVICES to you.
• iii) You have the right to access the personal data that we store on you. We are subject to the investigation and enforcement powers of the Federal Trade Commission (FTC). You may require us to arbitrate your complaints under certain circumstances. We will be liable to you for any unauthorized transfers of your personal data to third parties.
• iv) You may also be able to invoke binding arbitration for unresolved complaints but prior to initiating such arbitration, a resident of a European country participating in the Privacy Shield must first: (1) contact us and afford us the opportunity to resolve the issue; (2) seek assistance from BBB PRIVACY SHIELD; and (3) contact the U.S. Department of Commerce (either directly or through a European Data Protection Authority) and afford the Department of Commerce time to attempt to resolve the issue. If such a resident invokes binding arbitration, each party shall be responsible for its own attorney’s fees. Please be advised that, pursuant to the Privacy Shield, the arbitrator(s) may only impose individual-specific, non-monetary, equitable relief necessary to remedy any violation of the Privacy Shield Principles with respect to the resident.

• c. EU Standard Contractual Clauses.

• We will comply with the EU Standard Contractual Clauses with respect to the transfer of Personal Information from the EU to countries other than the US for processing. If there is any conflict between the terms and conditions in this Privacy Policy and your rights under the EU Standard Contractual Clauses, the terms and conditions in the EU Standard Contractual Clauses will govern. For the purposes of this Privacy Policy, “EU Standard Contractual Clauses” mean the standard contractual clauses for the transfer of Personal Information to processors established in third countries (Commission Decision 2010/87/EC).

• 1) Obligations of the data importer (processors)

• The data importer agrees and warrants:
• i) to process the personal data only on behalf of the data exporter and in compliance with its instructions and the Clauses; if it cannot provide such compliance for whatever reasons, it agrees to inform promptly the data exporter of its inability to comply, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract;
• ii) that it has no reason to believe that the legislation applicable to it prevents it from fulfilling the instructions received from the data exporter and its obligations under the contract and that in the event of a change in this legislation which is likely to have a substantial adverse effect on the warranties and obligations provided by the Clauses, it will promptly notify the change to the data exporter as soon as it is aware, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract;
• iii) that it has implemented the technical and organizational security measures before processing the personal data transferred;
• iv) that it will promptly notify the data exporter about:
• v) any legally binding request for disclosure of the personal data by a law enforcement authority unless otherwise prohibited, such as a prohibition under criminal law to preserve the confidentiality of a law enforcement investigation,
• vi) any accidental or unauthorized access, and
• vii) any request received directly from the data subjects without responding to that request, unless it has been otherwise authorized to do so;
• viii) to deal promptly and properly with all inquiries from the data exporter relating to its processing of the personal data subject to the transfer and to abide by the advice of the supervisory authority with regard to the processing of the data transferred;
• ix) at the request of the data exporter to submit its data processing facilities for audit of the processing activities covered by the Clauses which shall be carried out by the data exporter or an inspection body composed of independent members and in possession of the required professional qualifications bound by a duty of confidentiality, selected by the data exporter, where applicable, in agreement with the supervisory authority;
• x) to make available to the data subject upon request a copy of the Clauses, or any existing contract for sub-processing, unless the Clauses or contract contain commercial information, in which case it may remove such commercial information, with the exception of Appendix 2 which shall be replaced by a summary description of the security measures in those cases where the data subject is unable to obtain a copy from the data exporter;
• xi) that, in the event of sub-processing, it has previously informed the data exporter and obtained its prior written consent;

• 2) Obligations of the data exporter

• The data exporter agrees and warrants:
• i) that the processing, including the transfer itself, of the personal data has been and will continue to be carried out in accordance with the relevant provisions of the applicable data protection law (and, where applicable, has been notified to the relevant authorities of the Member State where the data exporter is established) and does not violate the relevant provisions of that State;
• ii) that it has instructed and throughout the duration of the personal data processing services will instruct the data importer to process the personal data transferred only on the data exporter's behalf and in accordance with the applicable data protection law and the Clauses;
• iii) that the data importer will provide sufficient guarantees in respect of the technical and organizational security measures;
• iv) that after assessment of the requirements of the applicable data protection law, the security measures are appropriate to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing, and that these measures ensure a level of security appropriate to the risks presented by the processing and the nature of the data to be protected having regard to the state of the art and the cost of their implementation;
• v) that it will ensure compliance with the security measures;
• vi) that, if the transfer involves special categories of data, the data subject has been informed or will be informed before, or as soon as possible after, the transfer that its data could be transmitted to a third country not providing adequate protection within the meaning of Directive 95/46/EC;
• vii) to make available to the data subjects upon request a copy of the Clauses, with a summary description of the security measures, as well as a copy of any contract for sub-processing services which has to be made in accordance with the Clauses, unless the Clauses or the contract contain commercial information, in which case it may remove such commercial information; and
• viii) that, in the event of sub-processing, the processing activity is carried out in at least the same level of protection for the personal data and the rights of the data subject as the data importer under the Clauses.

• 3) Liability

• i) The parties agree that any data subject, who has suffered damage as a result of any breach of the obligations referred above by any party or sub-processor is entitled to receive compensation from the data exporter for the damage suffered.
• ii) If a data subject is not able to bring a claim for compensation in accordance with paragraph a against the data exporter, arising out of a breach by the data importer or his sub-processor of any of their obligations referred to above, because the data exporter has factually disappeared or ceased to exist in law or has become insolvent, the data importer agrees that the data subject may issue a claim against the data importer as if it were the data exporter, unless any successor entity has assumed the entire legal obligations of the data exporter by contract of by operation of law, in which case the data subject can enforce its rights against such entity.

• d. US Privacy Shield Certification.

• Animaker, Inc. complies with the EU-U.S. Privacy Shield Framework and Swiss- U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. Animaker, Inc. has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/

• e. Sharing Personal Information with Third Parties.

• i. We do not (i) share such Personal Information with third parties, other than Processors or Sub-Processor (collectively “Agents”), who comply with GDPR and are required by us to provide our Services under our Terms of Service or an agreement with Customers under which we provide our Services, or (ii) utilize any Personal Information for reasons other than that for which it was originally provided.
• ii. If this practice should change in the future, we will update this Privacy Policy to identify any third parties and provide you with opt-out or opt-in choice where applicable.
• iii. We are committed to resolving complaints about your privacy and our collection, storage, processing or use of your Personal Information transferred to the United States processing quickly and expeditiously. You should submit inquiries or complaints to us at legal@animaker.com or at our mailing address:
• Animaker Inc.
• 1160 Battery Street Suite 100,
• San Francisco, CA 94111, USA.
• Attn: Privacy Coordinator

• 12. CHANGES TO OUR PRIVACY POLICY

  It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ Personal Information, we will notify you by e- mail to the e-mail address specified in your account and/or through a notice on the Site home page and comparable place on the App. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our Site and/or App and this privacy policy to check for any changes.

• 13. COPYRIGHT INFRINGEMENT/DMCA NOTICE

  If you believe that any content on our Website or App violates your copyright, and you wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to the Digital Millenium Copyright Act of 1998 (“DMCA Takedown Notice”)) must be provided to our designated Copyright Agent.
• a. Your physical or electronic signature;
• b. Identification of the copyrighted work(s) that you claim to have been infringed;
• c. Identification of the material on our Website that you claim is infringing and that you request us to remove;
• d. Sufficient information to permit us to locate such material;
• e. Your address, telephone number, and e-mail address;
• f. A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
• g. A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
• Animaker’s Copyright Agent to receive DMCA Takedown Notices is Loganathan Kodiyarasu, at logu@animaker.com, Animaker, Inc., Attn: DMCA Notice, 1160 Battery Street Suite 100, San Francisco, CA 94111, United States of America. You acknowledge that for us to be authorized to take down any content, your DMCA Takedown Notice must comply with all the requirements of this Section. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorneys’ fees incurred by Animaker in connection with the written notification and allegation of copyright infringement.

• 14. CALIFORNIA CONSUMER PRIVACY ACT

  This Section supplements the information contained in our Privacy Policy above and applies solely to all visitors, users, and others to our website, who reside in the State of California (“consumers” or “you”). We adopt this Section to comply with the California Consumer Privacy Act of 2018 (“CCPA”), which became effective on January 1, 2020, and any terms defined in the CCPA have the same meaning when used in this Section.

• a. Right to Request Personal Information.

  Upon request, we will provide you with (i) a list of all Personal Information that we have collected on you, (ii) from whom we obtained such Personal Information, (iii) the reason why we collected such Personal Information, and (iv) with whom (if any) we have shared such Personal Information. If we sell your Personal Information or disclose your Personal Information to third parties, upon request, we will provide you with (i) a list of the Personal Information that we have collected on you, (ii) a list of the Personal Information that we sell or disclose to others on you, and (iii) to whom we have sold or disclosed your Personal Information. A consumer can make such a request only twice in a 12-month period. We require such Personal Information to be able to provide to you our Services. Unless otherwise specified, we only collect Personal Information from you. We do not use others to provide us with your Personal Information.

• b. Disclosure of Personal Information.

  We only share your Personal Information with service providers, e.g., billing and collection agents, who enable us to provide our Services to you. We do not sell or give your Personal Information to third parties for purposes unrelated to our provision of Services to you.

• c. Right to have Personal Information Deleted.

  Upon request, we will delete all of your Personal Information that we have collected on you and will direct our Service Providers to also delete all of your Personal Information. But note that if we do delete all of this Personal Information, you will no longer be able to use our Services.

• d. Non-Discrimination Right.

  We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
• i. Deny you goods or services.
• ii. charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• iii. Provide you a different level or quality of goods or services.
• iv. suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

• e. Financial Incentives.

  However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your Personal Information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

• f. Contact Information.

  You may contact us (i) at legal@animaker.com, (ii) by phone at our toll-free number +1 888-359-9292, or (iii) by writing to us at Privacy Officer, at Animaker Inc., 1160 Battery Street Suite 100, San Francisco, CA 94111, USA. to (i) make a Personal Information Request, (ii) lodge a complaint about our use or storage of your Personal Information, (iii) ask us to delete such Personal Information, and/or (iv) discuss our Privacy Policy and/or anything that has to do with it.

• g. Response.

  We will acknowledge receipt of your inquiry within ten (10) days of the receipt. We will respond within forty-five (45) days of receiving such request or query. Within this period we are required to verify your identity before further action. Additionally, in order for us to respond to your request or query, we will need to collect information from the requesting party to verify their identity.

• h. Under 16.

  We will not sell your Personal Information if you are under the age of 16 unless we have the consent of your parent or your guardian nor will we sell it if you ask us not to do so.

• i. Opt Out Right.

  Upon your request, we will stop selling your Personal Information (sometimes called your Opt Out Right). You may send the request to Opt Out (i) to legal@animaker.com, (ii) by phone at our toll-free number +1 888-359-9292, or (iii) by writing to us at Privacy Officer, Animaker Inc., 1160 Battery Street Suite 100, San Francisco, CA 94111, USA.

• j. Personal Information that We Store.

  For your information, we store/collect the following Personal Information on you:
• i. Name
• ii. Business Address
• iii. Business Email Address
• iv. Business Telephone Number
• v. IP Address
• vi. Business Title
• vii. Employer

• k. Personal Information.

  We do not want you to enter your personal home address, your personal email, or any other “personal” information.

• 15. FOR OUR NEW YORK CUSTOMERS

  We will fully comply with the letter and the spirit of the New York Shield Act (the “Act’), which became effective on January 1, 2020, to the fullest extent that it is applicable to us. We have adopted reasonable safeguards to protect the security, confidentiality, and integrity of your private information, as defined in the Act ("Private Information"). We will securely protect any personal information, as defined in the Act ("Personal Information"), and/or Private Information in accordance with the requirements set forth in the Act. We will notify you of any unauthorized access to or disclosure of your Personal Information or your Private Information in accordance with the requirements of the Act.

• 16. CAN-SPAM ACT OF 2003

  The CAN-SPAM Act establishes requirements for commercial messages, gives recipients the right to have businesses stop emailing them, and spells out penalties for violations. Per the CAN-SPAM Act, we will:
• a. not use false or misleading subjects or email addresses;
• b. identify the email message as an advertisement in some reasonable way; include the physical address of Animaker, Inc., which is 1160 Battery Street Suite 100, San Francisco, CA 94111,;
• c. monitor third-party email marketing services for compliance, if one is used;
• d. honor opt-out/unsubscribe requests quickly; and
• e. give an “opt-out” or “unsubscribe” option.
• If you wish to opt out of email marketing, follow the instructions at the bottom of each email or contact us at help@animaker.com and we will promptly remove you from all future marketing correspondences.

• 17. CONTACT INFORMATION

  If Users, Customers and/or Consumers have any questions, concerns, or complaints about our Privacy Policy, or how we process your Personal Information, please email us at legal@animaker.com or send a letter to the following person:
• Name: Jothimani R
• Title: DevOps Engineer
• Company: Animaker, Inc.
• Address: 1160 Battery Street Suite 100, San Francisco, CA 94111, USA.
• Email Address: jothimani@animaker.com
• Users, Customers, and/or Consumers may also contact our corporate officer, who is overall responsible for privacy at Animaker, if you have any questions about our Privacy Policy or Terms of Use:
• Name: Loganathan Kodiyarasu
• Title: Chief Operating Officer
• Company: Animaker, Inc.
• Address: 1160 Battery Street Suite 100, San Francisco, CA 94111, USA.
• Email: logu@animaker.com
• Phone: 1 628-209-0678

FAQ

Data Policy

• About Animaker:

• Animaker, Inc. is a Delaware corporation.

• The term “Animaker” refers to the following:
• - Animaker English language website accessible through the URL https://www.animaker.com
• - Animaker’s other language websites accessible through relevant URLs.
• - Any successor URLs, mobile or localized versions and related domains and subdomains.
• - Animaker’s Do-It-Yourself Visual Content Creation Platform.
• The terms “You”, “Your”, “User” or “Users”, refers to either individuals or organizations registering their credentials to use Animaker for any legal purposes.
• The terms “Visitor” or “Visitors”, refers to either individuals or organizations that access Animaker website anonymously without logging in or purchasing a subscription on Animaker.
• Note: To know more on Animaker’s other language websites, Users and Visitors may mouseover on the Globe icon located on the top right corner on the homepage of Animaker English website, accessible through the URL https://www.animaker.com. On mouseover, Users and Visitors will see a dropdown down list of URLs of Animaker’s other language websites.

• Animaker Data Policy:

• Animaker Data Policy applies to all Animaker websites operated by Animaker Inc.
• Animaker Data Policy is to share information with Animaker Users on User Data Collection and Management.
• Animaker Data Policy applies solely to User Data collected by Animaker.
• Animaker is not responsible for privacy policies and legal terms of service of 3rd party Websites, even if they are affiliated with Animaker through a partnership or otherwise.
• Animaker encourages Users to familiarize themselves with the privacy policies and legal terms of such 3rd party Websites to determine how they handle Data, that they collect on their own, with or without any assistance from Animaker.
• Animaker contain features that enable Users to post reviews, comments or other content that is publicly viewable. Users should be aware that any Data that they submit as part of these posts can be read, collected, or used by other Users or Visitors to Animaker, and could be used to send unsolicited messages to Users.
• Animaker may also contain links to 3rd party Websites. Animaker is not responsible for User Data chosen by the User to publicly post on 3rd party Websites, other than Animaker.
• Please be aware that Animaker may not be able to warn Users, when they choose to click through to visit other Websites, while using Animaker.

• Questions on Animaker’s Data Policy:

  If you have a question on Animaker Data Policy, please email us at info@animaker.com or send a written letter to: Animaker Inc. 1160 Battery Street Suite 100, San Francisco, CA 94111, USA..

• User Cookie Data:

  For more on User Cookie Data, please review Animaker's Cookie Policy..

• User Payment Data:

• 1. How is User Payment Data Collected?

• Animaker collects User Payment Data as and when Users subscribe to any of the paid plans offered by Animaker using the following services:
• 1. Payment Page when upgrading to paid plans.
• 2. Existing users may change their payment data by accessing the Payment Tab within User’s My Plan Page.

• 2. How does Animaker obtain Consent from User?

• Exclusive consent (Opt-In) is obtained prior to Users sharing their Payment Data with Animaker.

• 3. Can Users Opt-Out of having their Payment Data collected?

• Yes. Animaker provides Users the opportunity to “Opt-Out” of having their Payment Data collected. However, User Payment Data is mandatory to pay for any paid subscriptions and use Animaker’s paid Animaker.

• 4. Can Users View or Edit their Payment Data?

• Yes. User may view their Payment Data shared with Animaker, any time. User may use the editing features available to edit their Payment Data.

• 5. How does Animaker use User Payment Data?

• When Users pay for any of the Animaker paid subscription plans, Animaker shares the User’s online Payment (Credit Card/Debit Card) with its payment processing partner, Braintree Payment Gateway (“Braintree”).

• 6. What is Braintree Payment Gateway?

• Braintree helps businesses accept and process online payments. Braintree processes User Payment Data through their Braintree Checkout service. Please click here to access Braintree’s Websites: https://www.braintreepayments.com

• 7. How does Braintree store the User Payment Data?

• Braintree stores User Payment Data partially based on Payment Card Industry (PCI) compliance. Braintree commits to complying with the Payment Card Industry Data Security Standard (PCI-DSS) and using industry standard security.

• Please click here to access Braintree’s Terms of Service: https://www.braintreepayments.com/legal

• Please click here to access Braintree’s Privacy Policy: https://www.paypal.com/webapps/mpp/ua/privacy-ful

• 8. How does Animaker protect User Payment Data?

• Sensitive User Data like CVV numbers are encrypted in transit using industry-standard Transport Layer Security (TLS) encryption technology.
• However, no method of transmission over the Internet, method of electronic storage or other security methods are one hundred percent secure.
• Therefore, while Animaker strives to protect User Payment Data, Animaker cannot guarantee its absolute security.

• User's Personally Identifiable Information, referred to as User PII:

  The following PII is voluntarily shared by the User with Animaker:

• 1. First and Last Name

• 2. Home Address

• 3. Work Telephone Number

• 4. Websites/Blog URLs

• 5. Industry

• 6. Organization

• 1. How is User PII collected?

• Users share their PII with Animaker through a Data collection form, when they register to use Animaker. User PII is also collected, when Users voluntarily provide their PII via email or via Animaker’s messaging platforms.

• 2. How does Animaker obtain Consent from User?

• Exclusive consent (Opt-In) is obtained prior to Users voluntarily sharing their PII with Animaker. None of the User PII is mandatorily collected from Users.

• 3. Can Users Opt-Out of having their PII collected?

• Yes. Animaker provides Users the opportunity to “Opt-Out” of having their PII collected. It is not mandatory. However, it should be noted, that if Users Opt-Out, Animaker may not be able to provide certain services.

• 4. Can Users View, Edit or Remove User PII?

• Yes. User may view their PII shared with Animaker, any time. User may use the editing features available to edit or remove their PII, any time.

• 5. How does Animaker use User PII?

• Animaker uses User PII to provide, maintain and improve its Animaker, including to operate certain features and functionality of Animaker.

• Animaker remembers an User accessing Animaker using their previously shared PII, so that the User does not have to re-enter it every time during their visits. Animaker uses User PII to process and respond to User inquiries and deliver high quality Animaker. Animaker uses User PII to communicate directly with Users, including by sending newsletters, promotions and special offers on new products and Animaker.

• 6. How does Animaker protect User PII?

• User Data is protected in a secured manner using industry-standard Transport Layer Security (TLS) encryption technology. However, no method of transmission over the Internet, method of electronic storage or other security methods are one hundred percent secure. Therefore, while Animaker strives to protect User Data, Animaker cannot guarantee its absolute security.

• 7. Does Animaker share User PII with any 3rd Party?

• Yes. Animaker shares Cookie Data with certain trusted 3rd party providers who provide a range of services including: Website Performance Improvement Services, User Support Services, Billing Services, Cloud Hosting Solutions, and Analytics Services. As part of the provision of their services to Animaker, Animaker may transfer some of User’s necessary information to them, for them to perform such service. Animaker has also entered into contracts with such 3rd party providers in order to ensure that the information that is provided regarding Users is kept confidential and secure.

• 8. How does Animaker store all User Data?

• Data is hosted with data centers qualified by global IT standards and regulations. All personal data is stored and transferred in compliance with applicable global regulations. User authentication and profile data is collected and processed within Amazon Web Services(AWS). These services comply with recommended global security standards, and have necessary measures instituted for the protection of data.

• Changes to Animaker Data Policy:

  Animaker reserves the right to change Animaker Data Policy at any time.
• If and when the changes are made, the “Last Edited” date on this page will reflect the same.
• If and when the changes are made, Users will be notified, on this page, by email or through notice on other relevant pages within Animaker.