TERMS OF SERVICE
This Terms of Service Agreement (the "Agreement") governs your access to and use of the video editing, content creation, and related services (the "Services") provided by MAD JON PRODUCTIONS SRL, a Romanian limited liability company registered under Tax ID RO41950644, operating under the brand name "EDITELLING" (referred to as "we," "us," "our," or "Editelling").
By accessing the website https://editelling.com/ (the "Site") or engaging our Services, you (the "Client" or "you") agree to be legally bound by this Agreement. If you are entering into this Agreement on behalf of a legal entity, you represent and warrant that you have the authority to bind that entity, and references to "you" or "Client" refer to such entity.
If you are a business customer providing us with personal data for processing, our Data Processing Addendum (available at https://www.editelling.com/privacy-policy-editelling ) is incorporated into these Terms by reference.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES OR ACCESS THE SITE.
1. ELIGIBILITY AND SCOPE OF CLIENTS
1.1 Global Availability. The Site and Services are available to clients worldwide, subject to applicable local laws in the country where you are located. You are responsible for ensuring that your use of the Services is lawful in your jurisdiction.
1.2 Business and Consumer Clients. Editelling provides Services to:
Business clients (companies, sole traders, freelancers, and other professionals acting for business purposes); and
Individual consumers using the Services for personal, non-commercial purposes.
Your status as a business client or consumer will be determined based on the information you provide when engaging our Services and how you use the deliverables.
1.3 Minimum Age and Capacity. You must:
Be at least 18 years old; and
Have the legal capacity to enter into binding contracts in your country of residence.
If you are entering into this Agreement on behalf of a legal entity, you represent and warrant that you have the authority to bind that entity, and references to "you" or "Client" include that entity.
2. CLASSIFICATION: BUSINESS CLIENTS (B2B) VS CONSUMER CLIENTS (B2C)
2.1 Business Clients (B2B). You are considered a business client if you:
Use the Services primarily for commercial, professional, or trade-related purposes (e.g., brand content, marketing videos, course material, client work); or
Contract with Editelling in the name of a company, organization, or as a freelancer/sole trader using the Services as part of your business operations.
For business clients, the full set of liability limitations, indemnity obligations, and intellectual property/marketing rights described in this Agreement applies, to the maximum extent permitted by applicable law.
2.2 Consumer Clients (B2C). You are considered a consumer if you:
Engage the Services in your own name; and
Use the Services primarily for personal, non-commercial purposes (e.g., private events, personal projects, family videos).
For consumers, mandatory consumer protection rules in your country of residence may grant you additional rights (such as withdrawal/cooling-off periods, specific information rights, or limits on certain exclusions of liability), and nothing in this Agreement is intended to restrict those mandatory rights where they apply.
2.3 Priority of Mandatory Consumer Law. If you are a consumer and there is a conflict between this Agreement and mandatory consumer law in your jurisdiction (for example, EU consumer law for residents of EU Member States, UK Consumer Rights Act, Australian Consumer Law, etc.), the mandatory consumer law provisions shall prevail to the extent of the conflict. Where mandatory consumer law applies, the protections and rights afforded by this Agreement represent Editelling's voluntary commitments beyond the minimum legal requirements.
3. ACCEPTANCE AND MODIFICATIONS
3.1 Acceptance. You accept these Terms of Service by:
Clicking the acceptance checkbox during the order or checkout process;
Submitting a project request or Task to Editelling;
Making payment for Services; or
Using the Site or Services in any manner.
3.2 Right to Modify. Editelling reserves the right to change, modify, or update this Agreement at any time, at its sole discretion. All modifications will be posted at https://editelling.com/terms-of-service-editelling and become effective immediately upon posting.
3.3 Continued Use Equals Acceptance. Your continued use of the Services following any modification constitutes your binding acceptance of the revised terms. You are responsible for regularly reviewing this page for updates. If you do not agree to any modification, you must immediately cease using the Services and notify us in writing of your intent to terminate this Agreement.
4. SCOPE OF SERVICES
4.1 Services Provided. Editelling provides professional video editing, post-production, content creation, and related creative services as described on the Site and as agreed in individual project scopes.
4.2 Services Excluded. Unless expressly agreed in writing, Editelling does not provide:
Branding or brand strategy consulting;
Logo design or graphic identity creation;
Custom or complex 2D/3D animations created from scratch;
Re-editing of videos that have already been professionally edited by third parties;
Raw footage acquisition, filming, or on-location production services;
Legal, copyright clearance, or music licensing advisory services.
4.3 Workflow. Editelling works on one video project at a time per Client engagement. Turnaround times are estimates based on project complexity and are not guaranteed. The majority of Clients receive a first draft within 5-7 business days for projects involving 120-180 minutes of raw footage or less.
4.4 Extended Timelines. Projects may require additional time if:
Raw footage exceeds 180 minutes in length;
Multiple final deliverables are requested;
High volumes of text, effects, color grading, or motion graphics are required;
Footage is 4K resolution or higher;
Multi-camera editing is involved;
Rendering times are extended due to project complexity.
Editelling will communicate any anticipated delays promptly.
5. PAYMENT TERMS
5.1 Payment Structure. Projects are invoiced and charged in two stages:
Stage 1 (Deposit): A deposit payment is required at the commencement of the project to confirm commitment and reserve production capacity.
Stage 2 (Final Payment): The balance is due upon completion of the project and before delivery of the final files without watermark.
5.2 Payment Methods. You agree to provide accurate and current payment information. You authorize Editelling to charge the payment method provided for all agreed fees.
5.3 Price Changes. Editelling reserves the right to modify its pricing at any time. Price changes will be posted on the Site and will apply to new projects commenced after the effective date of the change. Ongoing projects will be billed at the rates agreed at project commencement.
5.4 Currency. All fees are stated in EUR or USD as specified in your invoice or order confirmation.
5.5 Late Payment. In the event of non-payment or late payment:
Access to Services and project files may be suspended;
Late payment interest may accrue at the applicable statutory rate;
Editelling reserves the right to engage collection services, with all associated costs borne by the Client.
5.6 Consumer Right of Withdrawal (Where Applicable). If you are a consumer in a jurisdiction that provides a statutory right of withdrawal or cooling-off period (e.g., 14 days under EU law), you may exercise that right in accordance with applicable law. By expressly requesting that Editelling commence work during the withdrawal period, you acknowledge that you may lose the right to withdraw once the service has been fully performed. Any deposit paid for work already commenced may not be refundable if you exercise your withdrawal right after performance has begun.
6. REVISIONS AND APPROVAL
6.1 Revision Rounds. Each project includes up to three (3) rounds of revisions at no additional cost, provided that revision requests:
Are submitted in writing with clear, specific feedback;
Do not fundamentally alter the original project scope or creative direction;
Are requested within 14 days of delivery of each draft.
6.2 Additional Revisions. Revisions beyond three rounds, or revisions that constitute scope changes, may be subject to additional fees as communicated by Editelling.
6.3 Watermarked Previews. Draft files and preview deliveries will contain the Editelling watermark. Final files without watermark will be delivered only upon receipt of final payment.
6.4 Client Responsibility to Review. Upon delivery of any draft or final file, the Client agrees to:
Promptly review all content for accuracy, errors, and omissions;
Notify Editelling in writing of any corrections needed within 7 days of delivery.
6.5 Approval and Finalization. Failure to request corrections within 7 days constitutes acceptance of the delivered work. Once final payment is made and final files are delivered, the project is considered complete and closed.
7. CANCELLATION AND REFUNDS
7.1 Client-Initiated Cancellation. You may cancel your project at any time before the final delivery by providing written notice to alex@editelling.com.
7.2 Non-Refundable Deposit. By canceling after project commencement, you agree that:
The initial deposit payment is non-refundable;
The deposit compensates Editelling for reserved capacity, initial review, and work performed up to the point of cancellation.
7.3 Consumer Refund Rights. If you are a consumer and mandatory consumer law in your jurisdiction requires a refund beyond what is provided in this section, such mandatory rights shall apply.
7.4 Access Post-Cancellation. Upon cancellation, you will retain access to any draft files or materials already delivered, but Editelling is under no obligation to continue work or provide further deliverables.
7.5 Editelling-Initiated Termination. Editelling reserves the right to terminate this Agreement and refuse service if:
The Client engages in abusive, harassing, or unlawful conduct toward Editelling staff;
The Client requests Services involving illegal content, adult/pornographic material, hate speech, or content that violates applicable laws;
The Client breaches this Agreement, including non-payment;
The Client shares account credentials or engages in fraudulent activity;
The project is not aligned with Editelling's business model or values.
In such cases, Editelling will provide written notice, and any fees paid may be retained or refunded at Editelling's sole discretion depending on work completed.
8. INTELLECTUAL PROPERTY AND OWNERSHIP
8.1 Client Ownership of User Content. You retain ownership of all raw footage, materials, and content you submit to Editelling (collectively, "User Content"), subject to the licenses granted herein.
8.2 Editelling's Creative Contributions. Editelling retains all intellectual property rights in the creative elements, techniques, edits, enhancements, effects, modifications, and unique creative decisions introduced during the editing process (the "Creative Contributions"). This includes but is not limited to:
Original editing sequences and transitions;
Color grading and visual effects applied;
Motion graphics, titles, and text treatments;
Audio mixing, sound design, and music synchronization choices;
Overall creative direction and stylistic execution.
8.3 Ownership of Final Deliverable. Upon full payment, you receive ownership of the final edited video file(s) (the "Final Deliverable") for your commercial or personal use, subject to the perpetual marketing license granted to Editelling under Section 9 below.
8.4 No Reproduction of Creative Contributions. You agree not to:
Claim sole authorship or ownership of the Creative Contributions made by Editelling;
Reverse-engineer, deconstruct, or replicate Editelling's proprietary editing techniques or creative processes;
Use the Final Deliverable in a manner that misrepresents or omits Editelling's contribution when attribution is reasonably expected in professional contexts.
9. GRANT OF PERPETUAL MARKETING RIGHTS TO EDITELLING (IRREVOCABLE)
9.1 Perpetual, Irrevocable License. By engaging the Services of Editelling (Mad Jon Productions SRL), the Client hereby grants to Editelling a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, display, distribute, and communicate to the public the Final Deliverable, as well as any intermediate drafts, segments, stills, or excerpts thereof (collectively, the "Work Product"), for Editelling's marketing, portfolio development, promotional activities, and social media engagement.
9.2 Scope of License. This license includes, without limitation, the right to:
Display the Work Product on the Editelling website and in digital showreels;
Publish the Work Product on social media platforms including but not limited to Instagram, TikTok, YouTube, LinkedIn, Facebook, and X (formerly Twitter);
Feature the Work Product in promotional materials, advertisements, email campaigns, and case studies;
Submit the Work Product to professional competitions, industry events, awards, and festivals;
Use the Work Product in client presentations, business development pitches, and investor materials;
Create derivative works for promotional purposes, including compilation reels, behind-the-scenes content, and before/after comparisons.
9.3 Material Consideration. The Client acknowledges and agrees that this grant of rights is a material consideration for the service fees agreed upon and that Editelling has structured its pricing and business model in reliance on the permanence of this promotional license. The value of the Services reflects this grant of marketing rights.
9.4 Irrevocability. This license is granted as of the date of service commencement and is irrevocable. The Client may not withdraw, revoke, or terminate this license under any circumstances, including but not limited to:
Completion or termination of the project;
Dissatisfaction with the final deliverable;
Changes in the Client's business strategy or branding;
Subsequent agreements with third parties that restrict promotional use.
9.5 Survival. This license shall survive any termination, expiration, cancellation, or breach of this Agreement and shall remain in effect in perpetuity.
9.6 Moral Rights and Indemnification. The Client acknowledges that, to the extent they qualify as an "author" or co-author under applicable copyright law (including but not limited to Romanian Law no. 8/1996, EU copyright directives, or equivalent laws in other jurisdictions), they retain certain inalienable moral rights, including rights of attribution and integrity, and in some jurisdictions, the right of withdrawal.
However, if the Client elects to exercise any such withdrawal right or other moral right in a manner that requires Editelling to cease using or to remove the Work Product from its marketing, portfolio, or communication channels, the Client shall fully indemnify Editelling for all resulting losses, including but not limited to:
Loss of promotional value and reputational harm;
Costs associated with removing, replacing, or adjusting affected marketing materials;
Lost business opportunities and diminished portfolio value;
Legal and administrative costs incurred in connection with such removal.
This indemnification obligation is consistent with copyright principles in multiple jurisdictions that require authors to compensate exploitation-rights holders upon exercising withdrawal rights.
9.7 Consumer and Privacy Law Accommodation. Where you are a consumer or where mandatory law in your jurisdiction grants you non-waivable rights regarding the use of your image, likeness, or personal data (including under GDPR or equivalent privacy laws), this clause shall apply only to the extent permitted by such law. Any restrictions, withdrawals, or removals required by mandatory law will give Editelling a right to be reasonably compensated for the loss of promotional value and related costs, as further described in this Section 9 and Section 11 below, to the extent such compensation is permitted by applicable law.
10. CLIENT WARRANTIES AND REPRESENTATIONS
10.1 Authority and Right to Use Content. You represent and warrant that:
You own or have obtained all necessary rights, licenses, permissions, and consents to submit the User Content to Editelling;
The User Content does not infringe any third-party intellectual property rights, including copyrights, trademarks, trade secrets, or publicity/privacy rights;
You have obtained all necessary consents, releases, and permissions from any individuals appearing in the User Content, including for Editelling's use of the Work Product as described in Section 9;
The User Content and its use by Editelling as described in this Agreement will not violate any applicable law, regulation, or third-party agreement.
10.2 GDPR and Privacy Rights. You warrant that:
All individuals identifiable in the User Content have been informed that their image, voice, or personal data will be processed by Editelling for the purposes of video editing and promotional use;
You have obtained all necessary privacy law-compliant consents, including for Editelling's marketing and portfolio use under Section 9;
You have provided adequate privacy notices and obtained lawful bases for processing as required under applicable data protection laws (including GDPR where applicable, and equivalent laws in other jurisdictions).
10.3 Compliance with Third-Party Agreements. You warrant that:
You have disclosed to Editelling, in writing and prior to project commencement, any and all non-disclosure agreements (NDAs), confidentiality obligations, or other third-party contractual restrictions that may limit Editelling's use of the Work Product;
If no such disclosure has been made, no such restrictions exist, or you have obtained waivers sufficient to permit Editelling's use as described herein.
10.4 No Illegal or Prohibited Content. You warrant that the User Content does not contain and will not be used in connection with:
Illegal activities or content that violates applicable law;
Adult, pornographic, or sexually explicit material;
Hate speech, discriminatory content, or incitement to violence;
Content that infringes upon the rights of minors;
Malicious software, viruses, or harmful code.
11. CLIENT INDEMNIFICATION OBLIGATIONS
11.1 Indemnity for Content and Rights Violations. You agree to indemnify, defend, and hold harmless Editelling, its officers, directors, employees, contractors, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:
Any breach of your warranties or representations under Section 10;
Any claim that the User Content or the Work Product infringes third-party intellectual property or privacy rights;
Your failure to obtain necessary consents, releases, or licenses;
Your violation of applicable laws or regulations, including data protection and privacy laws.
11.2 Indemnity for GDPR and Privacy Claims. If any third party (including an individual data subject) makes a request or demand under GDPR, other privacy law, or image/publicity rights requiring Editelling to remove, modify, or cease using the Work Product, and such request arises because you failed to:
Obtain proper privacy law-compliant consents;
Inform data subjects or individuals of Editelling's marketing use; or
Disclose such restrictions to Editelling prior to project commencement,
then you shall fully indemnify Editelling for:
Loss of promotional value and marketing materials;
Costs of removal, replacement, or adjustment of affected content;
Legal and administrative costs incurred in responding to such requests;
Any fines, penalties, or damages imposed on Editelling arising from your failure.
11.3 Indemnity for Undisclosed NDAs. If any third party asserts a claim against Editelling based on an NDA, confidentiality agreement, or contractual restriction that you failed to disclose to Editelling as required under Section 12 below, you shall fully indemnify Editelling for all resulting losses, damages, legal fees, and costs.
11.4 Application to Business Clients. These indemnity obligations apply in full to business clients. For consumers, these obligations apply only to the extent permitted by applicable mandatory consumer law in your jurisdiction.
11.5 Defense of Claims. Editelling reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate fully with Editelling in asserting any available defenses.
12. NON-DISCLOSURE AGREEMENTS (NDA DISCLOSURE REQUIREMENT)
12.1 Disclosure Requirement. If you are subject to any non-disclosure agreement (NDA), confidentiality obligation, or other third-party contractual restriction that may limit Editelling's use of the Work Product for marketing or portfolio purposes as described in Section 9, you must:
Provide Editelling with a complete copy of such NDA or confidentiality clause in writing before or at the time the project is commissioned;
Allow Editelling reasonable time to review the NDA and determine whether to proceed with the project.
12.2 Editelling's Discretion. Following receipt and review of any disclosed NDA, Editelling will decide, in its sole discretion, whether to:
Accept the project and agree to be bound by the NDA (subject to execution of a separate written agreement);
Negotiate alternative terms;
Decline the project.
12.3 Express Written Agreement Required. Editelling will be bound by an NDA or confidentiality obligation only if:
The NDA has been disclosed and provided to Editelling in full;
Editelling has reviewed the NDA;
Editelling has expressly confirmed in writing (via email or signed agreement) that it agrees to be bound.
12.4 No Liability for Undisclosed NDAs. If you fail to disclose an NDA or confidentiality obligation to Editelling, or if Editelling does not expressly agree in writing to be bound by a disclosed NDA, then:
Editelling is not bound by, and bears no liability under, any such NDA or confidentiality obligation that you may have with third parties;
You remain solely responsible for your own compliance with such obligations;
Editelling may use and display the Work Product in accordance with the rights granted under Section 9 of this Agreement;
You shall indemnify Editelling under Section 11.3 for any claims arising from your failure to disclose.
12.5 Client Responsibility. It is your sole responsibility to identify, disclose, and manage any third-party confidentiality restrictions that may affect the Services or Editelling's use of the Work Product. Editelling has no duty to inquire or investigate the existence of such restrictions.
13. LICENSE GRANTED TO EDITELLING FOR SERVICE PROVISION
13.1 License to Perform Services. By submitting User Content and commissioning a project, you grant Editelling a non-exclusive, worldwide, royalty-free license to:
Access, use, reproduce, modify, adapt, and create derivative works from the User Content;
Store and process the User Content on Editelling's servers and systems;
Use third-party tools, software, and subcontractors as necessary to perform the Services.
This license is limited to the purposes of providing and improving the Services and performing Editelling's obligations under this Agreement.
13.2 Archival Copies. Editelling is authorized to retain archival copies of all User Content and Work Product for backup, legal, and operational purposes, even after project completion or termination of this Agreement.
13.3 Combination with Section 9. This Section 13 is in addition to, and does not limit, the perpetual marketing rights granted to Editelling under Section 9.
14. LIMITATION OF LIABILITY
14.1 Maximum Liability Cap (Business Clients). For business clients, to the fullest extent permitted by applicable law, the total aggregate liability of Editelling to you for any and all claims arising out of or related to this Agreement or the Services, whether in contract, tort (including negligence), strict liability, or otherwise, shall not exceed the lesser of:
FIFTY EUROS (€50); or
The total fees paid by you to Editelling in the six (6) months preceding the event giving rise to the claim.
14.2 Excluded Damages (Business Clients). For business clients, in no event shall Editelling be liable for:
Indirect, incidental, consequential, special, exemplary, or punitive damages;
Loss of profits, revenue, business opportunities, goodwill, or reputation;
Loss of data or content (except as caused by Editelling's intentional misconduct);
Costs of procurement of substitute services;
Any damages arising from your use or inability to use the Services,
EVEN IF EDITELLING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14.3 Consumer Liability Provisions. For consumers, these limitations and exclusions of liability apply only to the extent permitted by mandatory consumer protection law in your country of residence. Nothing in this Agreement excludes or limits Editelling's liability where such exclusion or limitation is prohibited by law, including but not limited to:
Liability for death or personal injury caused by negligence;
Liability for fraud or fraudulent misrepresentation;
Any other liability that cannot be excluded or limited under applicable mandatory law.
Where mandatory consumer law applies, Editelling's liability shall be limited to the maximum extent permitted by such law.
14.4 Exceptions. The limitations in this Section 14 do not apply to:
Claims arising from Editelling's intentional misconduct or gross negligence;
Editelling's indemnification obligations (which are your obligations to Editelling under Section 11, not vice versa);
Liability that cannot be excluded or limited under mandatory provisions of applicable law.
14.5 Basis of the Bargain. You acknowledge that the fees charged by Editelling reflect the allocation of risk set forth in this Section 14 and that Editelling would not enter into this Agreement without these limitations on liability.
15. OUTPUT FILES AND QUALITY STANDARDS
15.1 Professional Standards. Editelling will perform the Services in a professional and workmanlike manner consistent with industry standards for video editing and post-production.
15.2 No Guarantee of Perfection. While Editelling strives for excellence, due to the subjective and creative nature of video editing, Editelling does not guarantee that all files delivered will be 100% error-free or meet your subjective expectations in every respect.
15.3 Client Responsibility to Review and Report Errors. Upon delivery of any draft or final file, it is your responsibility to:
Thoroughly review and proof all files for errors, omissions, inaccuracies, or technical issues;
Notify Editelling in writing within seven (7) days of delivery if any corrections are needed.
15.4 Correction of Errors. If you report an error within the 7-day review period, Editelling will use commercially reasonable efforts to correct the error at no additional charge, provided that:
The error is objectively verifiable (e.g., a typo, incorrect color grade, or technical glitch);
The error is not due to your failure to provide accurate instructions or source materials.
15.5 No Liability for Unreported Errors. Editelling shall not be responsible or liable for any losses, expenses, damages, or consequences resulting from errors or omissions that you failed to identify and communicate during the 7-day review period.
If you approve a file (expressly or by failing to report errors within 7 days) and later discover an error, any correction will be treated as an additional service request and may be subject to additional fees.
16. EXPEDITED DELIVERY (RUSH FEES)
16.1 Standard Turnaround. Standard turnaround times are estimates and are not guaranteed. Editelling will make reasonable efforts to meet estimated timelines communicated at project commencement.
16.2 Rush Service. If you require expedited or priority delivery that requires Editelling to reallocate resources, work outside normal business hours, or delay other client projects, a rush fee will apply.
16.3 Minimum Rush Fee. The minimum rush fee is €500 (or $500 USD), or such other amount as agreed in writing based on the urgency and complexity of the request.
16.4 No Guarantee. Even with payment of a rush fee, Editelling does not guarantee that expedited timelines can be met if technical, creative, or logistical constraints prevent timely completion.
17. ACCEPTABLE USE AND SERVICE LIMITATIONS
17.1 Reasonable Business Use. The Services are designed for reasonable business or personal use consistent with replacing a full-time video editor or content creation specialist.
17.2 Prohibited Conduct. You may not:
Share account credentials or login information with third parties;
Use the Services for illegal purposes or in violation of any applicable law;
Submit content involving illegal activities, adult/pornographic material, hate speech, or content that violates the rights of others;
Abuse, harass, threaten, or engage in disrespectful conduct toward Editelling staff or contractors;
Reverse-engineer, decompile, or attempt to extract proprietary methods or processes used by Editelling;
Use automated systems (bots, scripts) to access or interact with the Services without prior written authorization.
17.3 Termination for Abuse. If Editelling determines, in its sole discretion, that you are:
Not in alignment with Editelling's business model;
Violating Editelling's core values or this Agreement;
Abusing the Services or engaging in prohibited conduct,
Editelling reserves the right to immediately suspend or terminate your access to the Services and cancel any ongoing projects, with or without notice. In such cases, fees paid may be retained in proportion to work completed, and no refund will be due.
18. DATA PROTECTION AND PRIVACY
18.1 Privacy Policy. Your use of the Site and Services is also governed by Editelling's Privacy Policy, available at https://editelling.com/privacy-policy-1, which is incorporated into this Agreement by reference.
18.2 GDPR and Global Privacy Compliance. Editelling processes personal data in accordance with applicable data protection laws, including where applicable:
Regulation (EU) 2016/679 (GDPR) for EU residents;
UK GDPR and Data Protection Act 2018 for UK residents;
California Consumer Privacy Act (CCPA) for California residents;
Other applicable privacy laws worldwide.
When Editelling processes personal data on your behalf (e.g., personal data contained in User Content), Editelling acts as a data processor and you act as the data controller.
18.3 Your Privacy Obligations. You are solely responsible for:
Ensuring that you have a lawful basis for processing and sharing personal data with Editelling;
Obtaining all necessary consents and providing all required privacy notices to data subjects;
Informing data subjects that their personal data will be processed by Editelling for video editing and promotional purposes (as described in Section 9);
Complying with all data subject rights requests (access, rectification, erasure, etc.) in relation to personal data you have provided to Editelling.
18.4 Editelling's Privacy Cooperation. Editelling will reasonably cooperate with you in responding to data subject rights requests, provided that you reimburse Editelling for any reasonable costs incurred in providing such cooperation.
18.5 Indemnity for Privacy Violations. You shall indemnify Editelling for any privacy law-related claims, fines, or penalties arising from your failure to comply with your data protection obligations as data controller, as set forth in Section 11.2.
19. FORCE MAJEURE
19.1 Excused Performance. Editelling shall not be liable for any delay or failure to perform its obligations under this Agreement if such delay or failure is caused by events beyond its reasonable control, including but not limited to:
Acts of God, natural disasters, pandemics, epidemics;
War, terrorism, civil unrest, government actions or restrictions;
Power outages, internet or telecommunications failures;
Strikes, labor disputes, supplier failures;
Hardware or software failures not caused by Editelling's negligence.
19.2 Notice and Mitigation. In the event of a force majeure event, Editelling will notify you as soon as practicable and will use commercially reasonable efforts to mitigate the impact and resume performance.
19.3 Extended Force Majeure. If a force majeure event continues for more than thirty (30) days, either party may terminate the affected project by providing written notice. In such case, you will be charged only for work completed prior to termination.
20. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
20.1 Copyright Policy. Editelling respects the intellectual property rights of others and expects its Clients to do the same.
20.2 Repeat Infringers. It is Editelling's policy to terminate business relationships with Clients who repeatedly submit content that infringes the copyrights or other intellectual property rights of third parties.
20.3 Notice of Infringement. If you believe that any content on the Site or in Editelling's portfolio infringes your intellectual property rights, please contact us at alex@editelling.com with:
Identification of the copyrighted work or intellectual property claimed to be infringed;
Identification of the allegedly infringing material and its location;
Your contact information;
A statement that you have a good faith belief that the use is not authorized;
A statement, under penalty of perjury (where applicable), that the information in your notice is accurate and that you are authorized to act on behalf of the rights holder;
Your physical or electronic signature.
20.4 Counter-Notice. If content is removed based on an infringement claim and you believe the removal was erroneous, you may submit a counter-notice as permitted under applicable law.
21. DISPUTE RESOLUTION AND GOVERNING LAW
21.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of Romania, without regard to its conflict of law principles. To the extent applicable, EU regulations (including GDPR and the Rome I Regulation) shall also govern.
For clients located outside Romania, where mandatory consumer protection or other laws of your country of residence apply, those mandatory provisions shall also apply to the extent required by law.
21.2 Jurisdiction.
For Business Clients: Any disputes arising out of or related to this Agreement shall be subject to the exclusive jurisdiction of the courts located in Bucharest County, Romania. You irrevocably consent to the jurisdiction and venue of such courts and waive any objection to jurisdiction or venue.
For Consumer Clients: Where you are a consumer and mandatory law in your jurisdiction grants you the right to bring proceedings in the courts of your country of residence, nothing in this Agreement is intended to deprive you of that right.
21.3 Alternative Dispute Resolution. Where required by applicable consumer law (e.g., for EU consumers), you may have the right to use alternative dispute resolution mechanisms, including online dispute resolution platforms.
21.4 Waiver of Class Actions. To the fullest extent permitted by law, you agree that any dispute resolution proceedings will be conducted on an individual basis and not as part of a class, consolidated, or representative action.
21.5 Language. This Agreement is executed in English. In the event of any translation, the English version shall prevail.
22. GENERAL PROVISIONS
22.1 Entire Agreement. This Agreement, together with the Privacy Policy and any written project-specific agreements or statements of work, constitutes the entire agreement between you and Editelling and supersedes all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral.
22.2 Severability. If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
22.3 No Waiver. Editelling's failure to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Editelling.
22.4 Assignment. You may not assign or transfer this Agreement or any of your rights or obligations hereunder without Editelling's prior written consent. Editelling may assign this Agreement to any successor entity or affiliate without your consent. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.
22.5 Independent Contractors. The parties are independent contractors. This Agreement does not create a partnership, joint venture, employment, or agency relationship.
22.6 Notices. All notices under this Agreement must be in writing and sent to:
Editelling (Mad Jon Productions SRL)
Email: alex@editelling.com
Subject Line: "Legal Notice – Terms of Service"
Notices to you will be sent to the email address you provided during registration or order placement.
22.7 Headings. Section headings are for convenience only and do not affect the interpretation of this Agreement.
22.8 Survival. Sections 8 (Intellectual Property), 9 (Grant of Rights to Editelling), 10 (Client Warranties), 11 (Indemnification), 12 (NDA Disclosure), 14 (Limitation of Liability), 18 (Data Protection), 20 (Copyright Claims), 21 (Dispute Resolution), and 22 (General Provisions) shall survive any termination or expiration of this Agreement.
23. CONTACT INFORMATION
If you have any questions, concerns, or notices regarding this Terms of Service Agreement, please contact us at:
MAD JON PRODUCTIONS SRL (EDITELLING)
Email: alex@editelling.com
Website: https://editelling.com/
Tax ID (CUI): RO41950644
Registered in Romania
For official company verification and legal correspondence, please visit: https://www.risco.ro/en/verifica-firma/mad-jon-productions-cui-41950644
By using the Services, you acknowledge that you have read, understood, and agree to be bound by this Terms of Service Agreement.
© 2026 EDITELLING by Mad Jon Productions SRL. All rights reserved.