These Terms of Use were last updated on August 20th, 2020.

These Terms of Use (“Terms of Use”) govern the permitted use of the beazzt App (“App”) of VIOGY.

Whenever these Terms of Use refer to “VIOGY”, “we”, “us” or “our”, they are referring to VIOGY UG (haftungsbeschränkt), Metterzimmerer Straße 78, 74343 Sachsenheim, Germany.

By using this App, you agree to these Terms of Use.

1. App Description

This App allows users create music videos based on their own videos and the audio tracks supplied with the App. Video editing, the placement of visual effects, and other processing steps are carried out automatically based on the selected audio track. The generated music videos are branded with a watermark in the form of the “beazzt” logo displayed in the lower left-hand corner and, depending on the selected audio track, limited to a total playing time of a maximum of one minute.

The functionality of the App can be expanded by purchasing extensions that are subject to a charge (so-called “in-app purchases”).

“beazzt PRO” enables the creation of music videos based on audio tracks from the mobile device’s music library. The use of DRM-protected content is not possible for technical and legal reasons. The videos generated with “beazzt PRO” do not contain a watermark, and the maximum total playing time increases to ten minutes.

The App contains so-called “styles”, which give the created music videos a characteristic appearance. Some styles (so-called “premium styles”) can only be used after they have been activated by making the corresponding in-app purchase.

2. Permitted Use

This App may only be used for its intended purpose and in accordance with these Terms of Use and the applicable legal regulations.

This App is intended exclusively at consumers. The App may not be used for commercial purposes, such as generating content for third parties against payment.

3. In-App Purchases

Functional extensions can be purchased directly in the App (hereinafter referred to as “in-app purchase”). In-app purchases are processed by the Apple App Store (“App Store”). The conclusion of the contract and the processing of payments are subject to the terms and conditions of the App Store operator.

VIOGY will not refund payments made through the App Store. In this respect, the general terms and conditions of the App Store Operator shall apply.

4. Intellectual Property Rights

All intellectual property rights and/or similar rights to the (content and design of the) App or publications related to it are owned solely and exclusively by VIOGY or its licensors and are protected by applicable laws and international intellectual property treaties.

5. Liability and Compensation

VIOGY makes no representations or warranties regarding the availability, reliability, functionality or suitability of the App for your purposes. Any liability is excluded, unless liability is mandatory due to intent, gross negligence or under the German Product Liability Act (“Produkthaftungsgesetz”).

This limitation of liability applies to the fullest extent permitted by law.

Any claim to compensation for breach of essential contractual obligations is limited to the foreseeable damage typical for the contract.

6. Privacy Statement

Further information about the use of your personal data can be found in the App’s privacy policy.

7. Changes to These Terms of Use

We reserve the right, to change, modify, add or remove any portion of these Terms of Use in whole or in part, at any time and in our sole discretion. In this case, we will inform the user of these changes in an appropriate manner.

If you continue to use the App after notification of changes to these Terms of Use, this shall be deemed to be your acceptance of the changed Terms of Use.

We recommend that you check these Terms of Use regularly for changes. The date of the last revision of these Terms of Use is set forth at the beginning of these Terms of Use.

8. Assignment of Rights and Obligations

We reserve the right to assign or transfer all or any of its rights and obligations under this agreement to third parties, taking into account the legitimate interests of the user.

The assignment or transfer of rights and obligations from these Terms of Use by the user to third parties requires the prior written consent of VIOGY.

9. Place of Jurisdiction

To the extent permitted by law, the exclusive place of jurisdiction shall be Stuttgart, Germany.

10. Severability Clause

In the event that individual provisions of these Terms of Use are or become invalid or impracticable, this does not affect the validity of the other provisions. In this event, the contracting parties will replace the invalid or impracticable provision with a valid and practicable provision, which in terms of its economic and legal content comes as close as possible to the invalid or impracticable provision.

This privacy statement was last updated on May 10th, 2021.

The protection of your personal data is very important to us. With this privacy policy we inform you about which data we collect from you, how we use it, and how you can object to the use of your data.

When we say “VIOGY”, “we”, “our” or “us”, we mean VIOGY UG (haftungsbeschränkt).

When we talk about “our App” or the “App” in this document, we refer to the beazzt app of VIOGY.

By using our app you agree to the collection, processing and use of data according to the following description.

1. Responsible Authority

VIOGY UG (haftungsbeschränkt) (Metterzimmerer Straße 78, 74343 Sachsenheim, Germany) collects and processes your data as the responsible body.

If you have any questions or suggestions concerning privacy in our app, please feel free to contact us: privacy@viogy.com

2. Device Permissions

Our app creates music videos from your videos and your music tracks. For this we need access to your photo library and media library.

In order for our app to be able to create music videos from the videos stored on your device, you have to grant access to your photo library. When you create your first music video, we ask you for your permission. For this purpose, your videos will only be analyzed and processed locally on your device. No video content or data determined as part of the analysis of the content of your videos will be transmitted to us or to third parties.

In order to create music videos with music titles from your media library, you must allow our app to access them. We will ask for your permission before you select a song from your library for the first time. For this purpose, our app analyses and processes the contents of your music titles exclusively locally on your device. No audio content or information about the content of your music tracks obtained in the course of audio analysis will be transferred to us or to third parties. If you do not allow our app to access your media library, you can only create music videos using the audio tracks included with our app or import tracks from your documents. Imported files are also only analyzed and processed locally on the device.

Access to your photo library and media library can be revoked and restored at any time in the settings of your mobile device. For further information, visit: https://support.apple.com/guide/iphone/iph251e92810/ios

3. Usage Data Collection

In order to offer you the best possible user experience, we use so-called tracking tools. These tools allow the creation of statistics and user profiles. This enables us to find out, for example, which operating systems our users use, which content and functions are particularly popular and in which order they are accessed. This enables us to further develop our app to the benefit of our users.

3.1 Apple App Analytics

We use Apple App Analytics, operated by Apple Inc. (One Apple Park Way, Cupertino, California, USA).

Apple collects, stores, and processes usage and diagnostic data of your mobile device and provides us with app usage-related information. This includes statistics about the usage of our app and data about app crashes. VIOGY does not receive any personal data about you from Apple Inc.

We use this data in order to further develop and optimize our app in a user-oriented manner.

Apple’s collection of usage and diagnostic data applies to the entire device. You can restrict the collection and sharing of data in your mobile device settings:
“Settings” > “Privacy” > “Diagnostics & Usage” > “Share With App Developers”

For further information, visit: https://support.apple.com/HT202100
Information on the data collected and made available to us can be found at: https://developer.apple.com/app-store-connect/analytics/
You can find the privacy statement of Apple at: https://www.apple.com/legal/privacy/

3.2 Firebase Analytics

Our app uses Firebase Analytics, an app analytics service provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland).

Firebase Analytics collects, stores and analyzes app usage-related data to enable an analysis of the app usage. This data is usually transferred to a Google server in the USA and stored there. In order to ensure anonymous collection of IP addresses, your IP address is truncated by Google within the Member States of the European Union or other contracting parties to the European Economic Area prior to being transmitted to the US.

At this point we would like to explain to you why we have a legitimate interest in analyzing user behavior:

Our main concern is the continuous optimization of the app. We always want to ensure that all users of the beazzt app can use it without restriction and always optimally and experience the use as simple, fast and completely error-free. If we had no data at all and no feedback on the usage, it would be difficult for us to optimize the beazzt app in a user and usage-oriented manner.

Of course, you have the option of explicitly withdrawing permission to collect your usage data when you first launch the app.

You can also object to the data processing at any time in the app by tapping on the “Menu” button in the top right-hand corner of the navigation bar and unchecking the "Usage Analytics" checkbox in the "Privacy" section.

You can find the privacy statement of Firebase at: https://www.firebase.com/terms/privacy-policy.html

4. Error Reports

We test the app and its functions continuously and strictly under all possible hardware and software conditions. However, we cannot exclude the possibility that an error may occur while using the app. We do everything possible to ensure that this does not happen again. In order to improve the stability and reliability of the app, we rely on your help by providing us anonymized error reports.

4.1 Firebase Crashlytics

Our app uses Firebase Crashlytics, a service provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland).

Crashlytics can automatically generate error reports if you encounter a crash or program error. This insformation is usually transferred to a Google server in the USA and stored there.

The error reports contain information related to your use of our app, including information about the actions you took before the error occurred, device state, device type, operating system, app version, time of the error, unique identifiers to identify the app installation and information relating to the physical location at the time of the error.

The collection and analysis of your data by Crashlytics will only take place with your prior consent. In the event of a crash or program error, you will be asked each time for your consent to the transmission and analysis of the data mentioned in this section.

You can therefore decide individually at any time whether or not you want to provide us with the data associated with an error that has occurred.

The processing of the data serves our legitimate interest to detect program errors, as well as to be able to react faster, more targeted and efficient in the interest of our users and to improve the app accordingly.

You can find the privacy statement of Firebase at: https://www.firebase.com/terms/privacy-policy.html
For further information on the functionalities of Crashlytics, visit: https://firebase.google.com/products/crashlytics

5. Push Notifications

We use push notifications to inform you about new content, functions or offers. So you don’t miss any important news about the beazzt app.

If you want to receive push notifications, you must allow us to do so. We will ask you the first time you use the app.

Push notifications can be deactivated and reactivated at any time in the settings of your mobile device. You can find further information on this at: https://support.apple.com/HT201925

5.1 Firebase Cloud Messaging

Our app uses Firebase Cloud Messaging, a service provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland).

If you have allowed push notifications, your mobile device will be assigned a pseudonymous push reference. This reference will be collected together with your chosen notification settings and a unique identifier to identify the app installation in order to provide you with the content you want. This data is usually transferred to a Google server in the USA and stored there.

If you have allowed us to collect usage data using Firebase Analytics, this data will be linked to the data collected by Firebase Cloud Messaging. This enables us to provide you with push notifications that are targeted and really relevant to you. We want you to enjoy news from us every time you get them and only want to send you notifications if we are sure that we have great, valuable news for you.

6. In-App Purchases

If you make an in-app purchase, the settlement and payment will be made solely between you and the Apple App Store, based on their terms and conditions and privacy policy.

The terms and conditions of this service can be found at: https://www.apple.com/legal/internet-services/itunes/us/terms.html
You can find the privacy statement of Apple at: https://www.apple.com/legal/privacy/

7. Access Data

In certain cases, our app accesses external content that is hosted on our servers. This is the case, for example, if you call up a product video in our "Store" area.

In connection with the access to this data, data is temporarily stored on our servers. The collected access data includes the IP address of the requesting device, the date and time of access, the name and URL of the requested file, the transferred data volume, the status of the request and identification data of the requesting application.

The processing serves our legitimate interest in recognizing attacks on our server infrastructure through automatic evaluation of this data. In individual cases, i.e. in the event of reported faults, errors and security incidents, a manual analysis is performed.

We do not merge the IP addresses recorded in the access logs are with data from other sources, therefore no conclusions can be drawn about individual persons.

A comparison with other data sets or a transmission to third parties, even in excerpts, does not take place, unless where required by law or where disclosure is necessary for legal or criminal prosecution in the event of attacks on our IT infrastructure.

8. Right to Information, Correction, Blocking, Deletion and Objection

You have the right to receive information about your personal data stored by us at any time. Likewise, you have the right to correct, block or (apart from the legally required data storage for business purposes) delete your personal data. In order to assert your rights, please contact the addresses listed above.

9. Changes to this Policy

We reserve the right to update our privacy policy from time to time in order to take into account changes in legislation or jurisdiction, or to reflect changes to our services. For instance, if we introduce new feature. Therefore, we recommend you to review this privacy policy periodically for any changes.