Terms of Service

Welcome to Nondy Enhance! These Terms of Service ("Terms") govern your access to and use of the Nondy Enhance website at ndy-enhance.com (the "Site") and our video and image enhancement services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, please do not use the Service.

1. Acceptance of Terms

By creating an account, uploading content, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any other policies referenced herein. These Terms constitute a legally binding agreement between you and Nondy Enhance.

2. Service Description

Nondy Enhance provides professional video and image enhancement services for social media content creators, including but not limited to color grading, audio cleanup, motion graphics, captioning, and platform-specific optimization. The Service is provided on a subscription or token-based model as described in our pricing information.

3. Eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Service. If you are under 18, you must have parental or guardian consent and supervision to use the Service. By using the Service, you represent and warrant that you meet these eligibility requirements.

4. User Accounts

To access certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your password
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate your account if any information provided is inaccurate, false, or incomplete.

5. Content Ownership and License

5.1 Your Content

You retain all ownership rights to the videos, images, and other content you upload to the Service ("Your Content"). By uploading Your Content, you represent and warrant that:

• You own all rights to Your Content or have obtained all necessary permissions, licenses, and consents
• Your Content does not infringe any third party intellectual property rights, privacy rights, or other rights
• Your Content complies with all applicable laws and these Terms

5.2 License Grant

By uploading Your Content, you grant Nondy Enhance a limited, non-exclusive, worldwide, royalty-free license to access, process, store, and enhance Your Content solely for the purpose of providing the Service to you. This license terminates when Your Content is deleted from our systems, except where retention is required for backup, legal compliance, or dispute resolution purposes.

5.3 Enhanced Content

All enhanced versions of Your Content delivered by Nondy Enhance remain your property. You have full rights to use, distribute, monetize, and license the enhanced content as you see fit. We do not claim any ownership or rights to your enhanced content beyond the limited license described above.

6. Acceptable Use Policy

You agree not to upload, share, or use the Service in connection with any content or activity that:

• Is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
• Infringes any patent, trademark, trade secret, copyright, or other intellectual property rights
• Contains viruses, malware, or any harmful code
• Violates any person privacy or publicity rights
• Promotes violence, discrimination, or hatred against any individual or group
• Contains explicit sexual content involving minors
• Impersonates any person or entity or falsely represents your affiliation
• Interferes with or disrupts the Service or servers

For complete details on prohibited uses, please see our Acceptable Use Policy.

7. Payment Terms

7.1 Payment Processing

All payments are processed securely by Stripe, Inc. ("Stripe"), a PCI-DSS Level 1 certified payment service provider. By making a purchase, you authorize Nondy Enhance and Stripe to charge your selected payment method for the applicable amounts, including any applicable taxes.

7.2 Pricing and Currency

All prices are displayed in Euros (EUR) unless otherwise stated. We reserve the right to modify our pricing at any time. Price changes will not affect orders already placed but will become effective for new purchases after notice is provided via email or through the Service.

7.3 Token Purchases

Tokens are digital credits used to access enhancement services. Upon successful payment, tokens are immediately applied to your account. Tokens do not expire but are non-transferable between accounts. The number of tokens required for each enhancement depends on the complexity and type of service requested.

7.4 Subscriptions

If you purchase a subscription plan, you authorize recurring charges to your payment method at the interval specified (monthly, annually, etc.). Subscriptions automatically renew unless canceled before the renewal date. You may cancel your subscription at any time through your account dashboard. Cancellation will take effect at the end of the current billing period.

7.5 Taxes

You are responsible for all applicable taxes associated with your purchase. We will collect applicable VAT or other taxes as required by Austrian and European Union law.

8. Refunds and Cancellations

Our refund policy is designed to be fair while protecting our service quality:

• Unused tokens may be refunded within 14 days of purchase, provided no tokens from the purchased bundle have been redeemed
• By redeeming any token before the 14-day period expires, you expressly waive your statutory right of withdrawal for that purchase
• Subscription fees are non-refundable, but you may cancel at any time to prevent future charges
• Refund requests must be submitted via email to support@ndy-enhance.com from your registered account email
• Approved refunds will be processed to the original payment method within 5-10 business days

For complete refund details, see our Refund Policy.

9. Chargebacks and Disputes

If you initiate a chargeback or payment dispute through your bank or card issuer, we may immediately suspend or terminate your account pending resolution. We reserve the right to contest illegitimate chargebacks and to recover associated fees, costs, and damages. Fraudulent chargebacks may result in permanent account termination and reporting to relevant authorities.

10. Payment Security

Nondy Enhance does not store complete credit card numbers, CVV codes, or full banking information on our servers. All payment data is transmitted directly to Stripe using industry-standard TLS encryption. Stripe is solely responsible for the security and processing of your payment information in accordance with PCI-DSS standards. You acknowledge that your payment relationship is governed by Stripe's terms and policies.

11. Intellectual Property

All content, features, functionality, software, and materials available through the Service (excluding Your Content) are owned by Nondy Enhance or our licensors and are protected by Austrian, European Union, and international copyright, trademark, patent, and other intellectual property laws. You may not copy, modify, distribute, sell, or exploit any portion of the Service without our express written permission.

12. Service Availability and Modifications

We strive to provide continuous access to the Service, but we do not guarantee that the Service will be uninterrupted, error-free, or secure. We may modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We are not liable for any modification, suspension, or discontinuation of the Service.

13. Termination

We reserve the right to suspend or terminate your access to the Service at any time, with or without cause or notice, including for violations of these Terms, non-payment, or any conduct that we believe is harmful to other users, us, or third parties. Upon termination:

• Your right to use the Service immediately ceases
• We may delete Your Content from our systems after a reasonable grace period
• Unused tokens are forfeited unless a refund is available under our refund policy
• Sections of these Terms that by their nature should survive termination will continue to apply

14. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT:

• The Service will meet your specific requirements or expectations
• The Service will be uninterrupted, timely, secure, or error-free
• The quality of enhanced content will meet your expectations
• Any errors in the Service will be corrected

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NONDY ENHANCE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) the Service
• Any conduct or content of any third party on the Service
• Unauthorized access, use, or alteration of your content or data
• Any interruption or cessation of the Service

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR €100, WHICHEVER IS GREATER.

16. Indemnification

You agree to indemnify, defend, and hold harmless Nondy Enhance, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses (including reasonable attorneys' fees) arising out of or related to:

• Your violation of these Terms or any applicable law
• Your Content and any claims that Your Content infringes or violates third-party rights
• Your use or misuse of the Service
• Your breach of any representation or warranty in these Terms

17. Dispute Resolution

17.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to contact us at support@ndy-enhance.com and attempt to resolve the dispute informally. We will work in good faith to resolve your concerns within 30 days.

17.2 Governing Law

These Terms and any disputes arising from or relating to the Service shall be governed by and construed in accordance with the laws of Austria, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

17.3 Jurisdiction

You agree to submit to the exclusive jurisdiction of the courts located in Austria for any disputes arising from or relating to these Terms or the Service. If you are a consumer resident in the European Union, you may also bring proceedings in the courts of your country of residence.

18. Changes to These Terms

We may update these Terms from time to time to reflect changes in our practices, the Service, or legal requirements. We will notify you of material changes via email or through a prominent notice on the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Service and may request a refund of unused tokens purchased within the previous 14 days.

19. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

20. Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Nondy Enhance regarding the Service and supersede all prior agreements and understandings.

21. Contact Information

If you have any questions, concerns, or complaints about these Terms or the Service, please contact us at:

Nondy Enhance
Email: support@ndy-enhance.com
Website: ndy-enhance.com