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Terms and Conditions

The Pirate Studio

CAPTAIN'S PACKAGE

The Captain Package gives you full control over your projects. You can submit unlimited video editing requests, which we process one after another. This ensures each project is handled with care and you always have a clear view of progress.

The average delivery time is usually 48 hours from the moment you change the status of your request from “Submitted” to “In Progress.” For more complex projects, we will agree the delivery time with you directly. Please note that we work exclusively on business days and during regular business hours. You will receive further information on request statuses during onboarding for the management tool. Unlimited revisions are possible within one active task; new tasks only start once the current task is completed. Finished videos are delivered in the agreed final formats; on request, we also provide XML files for further processing. Depending on the project, we also use common tools for subtitles (e.g., CapCut).

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IMPORTANT LEGAL ASPECTS

Substitution in the event of unforeseeable circumstances, illness, or impediments

We are aware that unexpected events or unavoidable circumstances beyond our control may sometimes prevent us from providing our services as usual - this includes illness. In such situations, we will do our best to arrange appropriate cover. However, we want to communicate transparently that it may not always be possible to guarantee a substitute. Should this be the case, we will inform you promptly and work with you to find suitable solutions to continue ongoing projects in the best possible way. Your satisfaction is our top priority, and we will make every reasonable effort to minimize any inconvenience.

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Delays and communication

Our goal is to process all requests and orders on time. Nevertheless, delays may occur in certain situations. We will inform you about any potential delays and maintain communication.

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Subscription cancellation

We offer you maximum flexibility. You can cancel or pause your subscription at any time if you no longer wish to benefit from our service. This option gives you full control over your use of our services and allows you to adapt your subscription to your needs. There is no money-back guarantee; refunds are provided only within the scope of statutory provisions.

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Copyright and usage rights

Upon completion of a project and full payment, you, as our valued client, receive full and unrestricted copyright to the custom video editing work. You alone have the exclusive right to use the works indefinitely for commercial and non-commercial purposes, including publication on social media platforms, use in advertising campaigns, and display on your website.

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Please note that, in our editing process, we may also use third-party graphics, plugins, music, and stock footage, such as from Artlist.io. While we ensure that we use these materials in accordance with the providers’ terms of use, we cannot be held liable for any changes to third-party terms and conditions. Your satisfaction is important to us, and we are happy to answer any questions regarding the materials we use. On request, we also provide XML files for further editing; for subtitles we may use tools such as CapCut, depending on the project.

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Data protection and confidentiality

We place great importance on protecting and keeping confidential your personal data and sensitive information.

If you have any further questions or would like detailed information about our legal provisions, please feel free to contact us. We look forward to accompanying you on your journey and creating unforgettable content treasures!

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TERMS AND CONDITIONS

OVERVIEW

This website is operated by The Pirate Studio. Throughout the site, the terms “we,” “us,” and “our” refer to The Pirate Studio. The Pirate Studio offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

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When you visit our website and purchase something from us, you use our “Service” and agree to be bound by the following Terms and Conditions (“Terms and Conditions,” “Terms”), including any additional terms and policies referenced herein. These Terms and Conditions apply to all users of the site, including without limitation users who are visitors, vendors, customers, merchants, and/or contributors of content.

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Please read these Terms and Conditions carefully before using our subscription. By accessing or using any part of the website - in this case purchasing the subscription - you agree to be bound by these Terms and Conditions. If you do not agree to all the terms of this agreement, then you may not use our subscription service. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

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All new features or tools added to the current shop are also subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change, or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

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Our website is hosted on wix.com and our subscription management on getorchestra.com. Stripe and getorchestra.com provide us with the online e-commerce solution that allows us to sell our products and services to you.

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SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your country of residence, or that you are the age of majority in your country of residence and you have given us your consent to allow your minor dependents to use this site.

The provider’s offering is directed exclusively at entrepreneurs (Section 14 German Civil Code, BGB) or traders. By entering into the contract, the customer confirms to the provider that the services offered will be used exclusively for a commercial or business purpose (as an entrepreneur within the meaning of Section 14 BGB).

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The contractual basis arises from the individual agreement between the provider and the customer (e.g., in the form of a subscription) as well as these terms.

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You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

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SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your information (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

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You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

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SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is 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. Any reliance on the material on this site is at your own risk.

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This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

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SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.

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Neither wix.com nor getorchestra.com is liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

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SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our return policy.

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We have made every effort to display as accurately as possible the colors and images of our products that appear in the shop. We cannot guarantee that your computer monitor’s display of any color will be accurate.

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We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

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SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

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You agree to provide current, complete, and accurate purchase and account information for all purchases made through our subscription. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For further details, please read our right of withdrawal policy.

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SECTION 7 - ADDITIONAL 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 by you of optional tools offered through the site 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 provider(s).

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We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.

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SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites 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, or for any other materials, products, or services of third parties.

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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 websites. 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.

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SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by e-mail, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

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We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website or application. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

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SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the shop is governed by our Privacy Policy. Please review our Privacy Policy.

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SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

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We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

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SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, 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 Service or of any related website, other websites, or the Internet; (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 Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

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SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

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You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

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You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

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In no case shall The Pirate Studio, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.

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Because some countries or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such countries or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

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SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless The Pirate Studio and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

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SECTION 15 - SEVERABILITY

In the event that any provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

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SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by submitting your cancellation digitally via the management tool. This will already be clearly visible during onboarding after subscription purchase.

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If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination and/or accordingly may deny you access to our Services (or any part thereof).

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SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).

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Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

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SECTION 18 - GOVERNING LAW

These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Stahnsdorfer Straße 1b, Potsdam, Brandenburg, 14482, Germany.

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SECTION 19 – RIGHT OF WITHDRAWAL

The provider contracts exclusively with entrepreneurs within the meaning of Section 14 BGB, so no statutory right of withdrawal exists.

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SECTION 20 – TERM OF CONTRACT

The contract is concluded for the term agreed by individual agreement (monthly subscription). Ordinary termination before the end of the term is possible at any time; however, there is no claim to a refund of fees already paid for the current month. The right to extraordinary termination for good cause remains unaffected.

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SECTION 21 – INVITING TEAM MEMBERS AND AGREEMENT TO THE TERMS AND CONDITIONS:

As a customer of our Service, you have the option of inviting additional team members within our management tool to use the Service together. By doing so, you agree that you act on behalf of all team members you invite and that they are also bound by our Terms and Conditions and Privacy Policy. You warrant that you are authorized to invite these team members and grant them access to the Service.

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It is your responsibility to ensure that all invited team members understand and comply with the Terms and Conditions and Privacy Policy. In the event of violations of these provisions by team members invited by you, we may take appropriate measures, including terminating their access to the Service.

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By inviting team members, you also represent that you have the necessary rights and authority to enter into this agreement on behalf of the invited team members.

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SECTION 22 - CHANNEL RESPONSIBILITY AND SUCCESS

We would like to emphasize that the success of your social media channels and your business efforts depends on numerous factors. Although our services are designed to improve the quality of your content, we cannot guarantee specific channel or overall success. This depends on various variables, including your target audience, marketing efforts, and external influences.

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We encourage you to actively work on developing your channels and overall business and to apply best practices in content creation and business management. Portions of ideas and best practices can be helpful in achieving the desired results.

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We strive to respond to your requests professionally; however, we cannot predict or guarantee how our services will affect your channel or overall success. Please note that the purchase of our services does not guarantee success. A successful channel and a thriving business require ongoing effort and commitment on your part.

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SECTION 23 – CHANGES TO THE TERMS AND CONDITIONS

You can review the most current version of the Terms and Conditions at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

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SECTION 24 – CONTACT INFORMATION

Questions about the Terms and Conditions should be sent to us at ahoi@thepiratestudio.de.

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