Terms of Service
This gradetonic Terms of Service Agreement (the “Agreement” or “Terms of Service”) is made between gradetonic. (“Peejee.tv,” “we,” “us,” or “our”) and you, our customer (“you” or “your”). This Agreement governs your use of gradetonic owned-and-operated websites, streaming platforms, applications, and embeddable video players (collectively, the “Services”). This includes our gradetonic, live stream services.
Restriction, suspension, and termination
As stated in our Agreement, we may remove content that you upload and, in appropriate cases, your account if you violate the terms thereof, including our Acceptable Use Policy. We will provide you with a statement explaining our reasons and the facts or circumstances underlying it in such an event. Unless an exception applies if we terminate our Agreement for reasons other than your breach, we will notify you at least 30 days before the termination date.
We maintain a formal complaints-handling mechanism to address complaints or concerns, including where you
believe we have failed to comply with the E.U.’s Platform-to-Business regulations (E.U. Regulation 2019/1150);
experience technical issues with our Services;
have concerns about actions by us that may negatively impact your rights under our Agreement; or
Seek to clarify the facts or circumstances concerning our decision to restrict, suspend, or terminate your account.
If you have an assigned account manager, we encourage you to contact that person directly. You may also e-mail us or send us a physical letter (gradetonic, Nieuwpoortkade 2A, 1055RX Amsterdam Attention: Legal Department). Would you please describe the nature of your complaint or concern in your correspondence and attach any relevant documentation? Letters should be sent within 30 days after the issue arises (or when you discover the issue) and within 60 days if it involves account termination. If you do not contact us within these time frames, we may not be able to address your claim fully. We will endeavor to respond within 30 days after we receive your correspondence.
If we cannot resolve your complaint, you may refer the complaint to one of the mediators listed below:
By creating an account, viewing videos and or streams, making a purchase, downloading our software, or otherwise visiting or using our Services, you accept this Agreement and consent to contract with us electronically.
If you are an entity other than a natural person, the person who registers the account or otherwise uses our Services must have the authority to bind the entity. In this context, “you” means both the entity and each person who is authorized to access the account.
We may update this Agreement by posting a revised version on our website. By continuing to use our Services, you accept any modified Agreement.
2. Our Services
Service License: Subject to the terms hereof, we grant you access to our Services. This includes the right to:
Stream videos that you have the right to view;
Upload, store, and or live stream videos, subject to your plan;
Embed our embeddable video player on third-party websites; and
Use all related functionality that we may provide.
Features: The features available to you will depend on your plan. We may change features from time to time. If you have a paid account, we commit to providing your plan’s core video hosting and streaming features (including the bandwidth and storage capabilities stated at the time of purchase) during your current service period.
Unlimited Bandwidth Fair Use Policy: Generally, we do not limit or impose additional fees for bandwidth consumption on Self-Serve accounts (i.e., the data used to deliver your videos to viewers). However, this policy is subject to fair use: If your aggregate bandwidth usage (across all accounts you control) is higher than 99% of Self-Serve users on our platform in any calendar month, we may, in our discretion, charge fees for excessive usage, require you to upgrade to a more suitable plan, or terminate your account(s) upon advance written notice.
Transactions: We may offer digital goods for sale.
Downloadable Software: We may offer applications for devices (“Apps”) directly or through third-party stores. Subject to your compliance with these Terms of Service, gradetonic grants you a limited, non-exclusive, non-transferable, revocable license to download and use the Apps. We may update Apps from time to time to add new features and/or correct bugs. You shall ensure that you are using the most recent App version that is compatible with your device.
We cannot guarantee that you will be able to use the most recent version of the App on your device. Apps offered through third-party stores are subject to our Third-Party Service Addendum.
Developer Tools: We may offer application programming interfaces (“APIs”) that allow developers to build applications connected to our Services. We may provide web framework plugin interfaces that enable developers to integrate our services into their web framework (like a WordPress plugin)
Enterprise Services: We may offer Services according to an individually-negotiated agreement.
Registration: You may create an account to use certain features we offer (e.g., uploading or live streaming videos). To do so, you must provide an e-mail address. By creating an account, you agree to receive notices from gradetonic at this e-mail address.
Age Requirements: You must be at least 16 years old or the applicable age of majority in your jurisdiction, whichever is greater, to create an account or otherwise use our Services. If you wish to use the Services for a commercial purpose, you must be at least 18 years old. Individuals under the applicable age may use our Services only through a parent or legal guardian’s account and with their involvement. Please have that person read this Agreement with you and consent to it before proceeding.
Parents and Guardians: By granting your child permission to use the Services through your account, you agree and understand that you are responsible for monitoring and supervising your child’s usage. If you believe your child is using your account and does not have your permission, please get in touch with us immediately so that we can disable access.
Team Members: Certain subscription plans may allow you to grant other registered users (“team members”) access to the account. Both you and each team member have deemed a party to this Agreement. You are responsible for the actions of your team members and must monitor their access and usage.
Account Security: You are responsible for all activity that occurs under your account, including unauthorized activity. It would be best if you safeguarded the confidentiality of your account credentials. If you use a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately. If you have a secure playback access token plan, the token will be reset after informing us of misuse or breach.
4. Subscription Plans
Plan Types: We offer free trial memberships and paid subscriptions that allow you to upload and share video content. You may purchase a “Self-Serve” plan (you sign up and pay online) or an “Enterprise” plan (you work with a sales representative and execute an individualized agreement). Advertised prices and features may change.
Basic (Free trial) Accounts: The trial account will automatically change to paid plans after 30 days. You can cancel your free trial plan any time before the 30 day trial period ends.
Fees: You must pay all fees (plus any taxes) during your subscription period and any renewal periods. Our prices may include a fixed monthly or annual fee plus variable fees for transactions or usage.
Free Trials and Discounts: We may offer free-trial or discounted subscriptions. When a free-trial period ends, your paid subscription begins (unless you have canceled), and you must pay the full monthly or annual fee. If we provide a discount for the first subscription period, you must pay the discounted price; you must pay the full fee for any renewal.
Refund Policy: Subject to the terms hereof, Self-Serve subscribers who purchase plans directly from gradetonic may cancel and receive a full refund of their initial purchase within thirty (30) days after purchasing an annual plan and five (14) days after purchasing a monthly plan. Our refund policy does not apply to:
Fees charged immediately after a free-trial period ends;
Attempted abuse of the refund policy (i.e., by subscribing and requesting refunds repeatedly);
Subscription renewals or migrations to other plans;
Fees other than annual or monthly subscription fees;
Requests made after the specified periods;
Customers who have breached this Agreement or whose accounts were terminated following our Copyright Policy;
Customers who joined using a promotion that expressly disclaimed our refund policy;
Customers who have initiated a chargeback dispute; or
Enterprise plan customers.
Automatic Renewal: To the extent permitted by applicable law, subscriptions automatically renew at the end of each subscription period unless canceled beforehand.
- Monthly plans renew for 30-day periods.
- Annual plans renew for one-year periods.
You must pay the fee (plus any taxes) when each renewal period starts. Unused storage, bandwidth, and other usage limits do not rollover.
How to Decline Renewal: Self-Serve subscribers may opt-out of automatic renewal by changing their account settings. Enterprise plan customers may opt-out according to the Enterprise Terms. Any opt-out or notice of non-renewal will not affect the current subscription period. gradetonic may decline renewals.
Lapse Policy: When a subscription ends, the account will, at gradetonic’s option, revert to on-hold (free) account status or be deleted. Any content in the account may be deleted to comply with the limitations of the new account status. You are responsible for archiving your content. gradetonic shall not be liable for the loss of any content. We may publish additional guidelines regarding the treatment of lapsed subscriptions. These guidelines describe current practices only and shall not require gradetonic to provide any level of post-subscription account status.
In-App Purchase: We may allow you to purchase subscriptions within Apps. When you make such “in-app” purchases, you will be billed by the app platform, not us. To turn off automatic renewal for subscriptions, access your platform’s account settings (not gradetonic’s). Our refund policy does not apply to in-app purchases. Any billing inquiries should be directed to the app platform.
Resale: You may not sell, resell, rent, lease, or distribute any plan or any other aspect of our Services to any third party unless authorized by us in writing. We may suspend or terminate accounts sold via authorized resellers for non-payment to the reseller or any violation of the restrictions outlined in this Agreement.
5. Acceptable Use Policy
We may allow you to upload, live stream, submit, or publish (collectively, to “submit”) content such as videos, recordings, images, and text (collectively, “Content”). You must ensure that your content and conduct comply with the Acceptable Use Policy outlined in this Section 5. gradetonic may (but is not obligated to) monitor your account, content, and behavior, regardless of your privacy settings. gradetonic may remove or limit access or availability to any content or account that it considers in good faith to violate this Acceptable Use Policy.
5.1 Copyright Policy
You may only upload content that you have the right to upload and share. Copyright owners may send gradetonic a takedown notice as stated in our Copyright Policy if they believe gradetonic is hosting infringing materials. We will, in appropriate circumstances, terminate the accounts of persons who repeatedly infringe.
5.2 Content Restrictions
You may not submit any content that:
- Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Is sexually explicit or promotes a sexual service;
- Is defamatory;
- Is harassing or abusive;
- Contains hateful or discriminatory speech;
- Promotes or supports terror or hate groups;
- Contains instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;
- Exploits or endangers minors;
- Depicts or encourages self-harm or suicide;
- Depicts (1) unlawful real-world acts of extreme violence, (2) vivid, realistic, or particularly graphic acts of violence and brutality, (3) sexualized violence, including rape, torture, abuse, and humiliation, or (4) animal cruelty or extreme violence towards animals;
- Promotes fraudulent or dubious money-making schemes, proposes an unlawful transaction, or uses deceptive marketing practices;
- Contains false or misleading claims about (1) vaccination safety, or (2) health-related information that has a serious potential to cause public harm;
- Contains false or misleading information about voting;
- Contains conspiracy-related content where the underlying conspiracy theory makes claims that (1) suggest that a real-world tragedy did not occur, or (2) violate other content restrictions; or
- Violates any applicable law.
5.3 Code of Conduct
In using our Services, you may not:
Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity);
Act deceptively or impersonate any person or organization;
Harass or stalk any person;
Harm or exploit minors;
Distribute “spam” in any form or use misleading metadata;
Collect personal information about others;
Access another’s account without permission;
Use or export any of our services in violation of any E.U. and U.S. export control laws;
Engage in any unlawful activity;
Embed our video player on or provide links to sites that contain content prohibited by Section 5.2; or
Cause or encourage others to do any of the above.
5.4 Prohibited Technical Measures
You will not:
Except as authorized by law or as permitted by us: scrape, reproduce, redistribute, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of our Services; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures;
Submit any malicious program, script, or code;
Submit an unreasonable number of requests to our servers; or
Take any other actions to manipulate, interfere with, or damage our Services.
5.5 Restricted Users
You may not create or maintain an account if you are a terror or hate group member. You may not purchase any goods or software services from us if you are
(a) located in a country that is subject to sanctions imposed by the European Union (E.U.), the United Nations (U.N.), or the U.S. Government or
(b) has been designated by the European Union (E.U.), the United Nations (U.N.), or U.S. Government as a terrorist-supporting country, or
(c) listed on any U.S. Government list of restricted parties.
6. Legal and Safety-Related Disclosures
We may disclose your data in response to official requests (e.g., court orders, search warrants, national security requests, etc.) (“requests”) that we receive from government authorities or parties to legal proceedings.
We handle Dutch requests following Dutch law. If the request originates from a foreign jurisdiction, we will typically disclose information in good faith that disclosure is permitted by Dutch law. We may raise or waive any legal objection or right available to us at our sole discretion in all cases.
We may disclose user data in situations involving legal claims against us or one of our users. If you submit a Digital Millennium Copyright Act (DMCA) or other takedown notice, we may share that notice with the affected user. If you challenge such a notice, we may share your response with the complainant.
7. Data Retention
We retain your data for as long as you have an account. We will delete its content when you close an account, including all linked data like videos. We may retain logs of automatically collected information (for internal analytics and security purposes), your e-mail address, your tax information; communications with you; and your transactional information (for auditing, tax, and financial purposes). When we no longer have a business reason for retaining data, we will delete or anonymize it.
We retain deleted videos on our servers for a short period if you wish to reverse deletion. Once we delete a video, we may not be able to recover it. If you have previously made a video public, the video or its thumbnail may be discoverable in a search engine’s cache for a time. We have no control over search engines; however, we will, upon request, send a request for deletion to major search engines.
If we receive legal process about your account, we will retain your data for as long as we in good faith believe it is necessary to comply with the legal process. Similarly, if we believe that your account has been involved in wrongdoing, we may preserve your data to defend or assert our rights.
8. Your Privacy Choices
We enable you to make numerous choices about your data:
You may choose not to provide us with certain information. For example, you may choose not to create an account or not to provide optional account information.
You may change your account and video privacy settings.
You may change or correct information voluntarily submitted to us. We encourage you to keep your data current by viewing your settings page.
You may opt-out of receiving commercial e-mails from us.
You may backup your videos.
You may close your account (which will delete all videos) or delete certain videos.
9. Account and Video Privacy Settings
As part of our services, we offer you the ability to limit the distribution of your content, including your videos. This section explains some of your choices.
Some of our online subscription plans enable you to “hide” your profile or otherwise make it inaccessible on our website. However, your profile will remain accessible to persons who have access to your account or content.
Some of our subscription plans enable you to grant account-level access rights to others. Persons with such access (“Team Members”) may be able to see and potentially alter your data. You may revoke or downgrade Team Member access at any time.
We enable you to manage the privacy settings of your account. On gradetonic.com, for example, your options, which depend on your subscription plan, may include:
Public (or “anyone” ): Your video/stream will be publicly-available.
Just you (i.e., “only me “): Your video/stream will be available to you and authorized Team Members.
Selected people: Your video/stream will be available to users you choose (such as users you follow or specifically-designated users).
Password-protected: Your video/stream may be accessed by anyone who enters the password you have set.
You may change a video’s/stream’s privacy settings at any time. Changes will be applied on a go-forward basis.
You may create a sharable link to share your video with others. Creating such a sharable link will override your privacy settings and allow anyone who enters the link in a browser to view your video without restriction.
You should exercise caution in granting access to others (through link-sharing or passwords). Once you have granted access to someone else, you lose a degree of control over the distribution of your video/stream as those persons may share the password and/or link with other people.
Regardless of your profile or privacy settings. gradetonic reserves the right to inspect them to comply with its Terms of Service, provide customer support, or address technical issues.
10. Communications from Us
If you create an account, you may receive commercial e-mails from us. This includes newsletters and offers. You may always opt-out from receiving commercial messages in your account settings. Please note that any opt-out request may take several days to process, and you will continue to receive transactional e-mails from us (e.g., e-mails confirming transactions and/or providing information about your account).
Mobile Device Communications
We may, with your consent, send push notifications in our apps. You may disable these by declining them or changing the App’s settings. To the extent provided, we may, with your consent, send SMS messages to your mobile telephone for authentication and security purposes. You may opt-out of receiving such messages at any time.
11. Protecting Your Information
We use physical, technical, and organizational security measures to safeguard your data from unauthorized or accidental disclosure. Despite these efforts, no information system can be 100% secure, so we cannot guarantee the absolute security of your information. Users also have a role to play in keeping their data safe. We encourage you to use a unique and hard-to-guess password for your account and not share it with others. You should only grant access rights to people you know and trust, and, even then, you should be careful in giving all access rights. You should monitor your account regularly. If you believe that someone has gained access to your account without your permission, please contact us immediately so that we can investigate.
12. Your Responsibilities
13. Third-Party Services
14. International Data Transfers and Certain User Rights
14.1 Location of Data
gradetonic is based in the Netherlands. We provide services globally using computer systems, servers, and databases located in Germany and other European countries. When you use our services from outside Europe, your information may be transferred to and processed in the U.S. Please note that U.S. data and privacy laws may not be as comprehensive as those in other countries.
This Section 14.2 applies only to natural persons residing in the European Economic Area and the United Kingdom (for the purpose of this section only, “you” or “your” shall be limited accordingly). It is gradetonic’s policy to comply with the EEA’s General Data Protection Regulation (GDPR). In accordance with the GDPR, we will not transfer your personal information from your home country to the U.S. (or other countries) based upon the following legal bases:
Legitimate business interests: We could not provide our services or comply with our legal obligations without transferring your personal information to the U.S.
Our use of Standard Contractual Clauses (also known as “Model Clauses”) where appropriate.
15. How to Contact Us
For any questions, inquiries, or complaints relating to your privacy, please contact us at: [email protected]