Terms of use

These terms apply to everyone who uses Klipist (Part A) and, in addition, to filmmakers who submit a film or distribute a film with us (Part B). Please read them; they are written to be understood.

Part A: Using Klipist

A1. Who we are

Klipist is operated by Klipist Studios GmbH, Im Stoffel 41, 8887 Mels, Switzerland, registered in the commercial register of the Canton of St. Gallen under CHE-462.383.433 ("Klipist", "we", "us"). You can reach us at stream@klipist.com.

"Klipist" in these terms means the website klipist.com, the Klipist apps in the App Store and on Google Play (which are app versions of the website), and our channels on other platforms.

A2. How these terms apply

By creating an account, submitting a film or placing an order, you accept these terms. If you only browse and watch without an account, these terms apply to that use as far as the law allows. If you act for a company, you confirm that you may bind it.

How we handle personal data is explained in our Privacy Policy at klipist.com/privacy/. It is information for you, not a contract you have to agree to.

A3. Watching films

Films on Klipist are free to watch. You may watch them for your own personal, non-commercial use. You may not download, record, copy, re-upload, publicly screen or sell a film, or any part of it, unless the filmmaker has allowed it. You may share links to film pages and use the share and download features we offer.

The films are selected by us, but each film is the work of its filmmakers and expresses their views. Some films deal with difficult themes; where we know of them, we show a content note on the film page.

We work to keep Klipist available, but we cannot guarantee that every film is available at all times, in every country, or on every device. Films can leave Klipist, for example when a filmmaker asks us to remove their film.

A4. Your account

You do not need an account to watch films. With an account you can, for example, keep a watchlist. You must be at least 16 years old to create an account; if you are younger, you need the permission of a parent or guardian.

Please give accurate information, keep your password to yourself and tell us at stream@klipist.com if you think someone else is using your account. You can close your account at any time at klipist.com/close-account/; your account is then deleted. We may keep records we are required to keep by law, such as order and accounting records (see the Privacy Policy).

We may suspend or close an account that breaks these terms, after a warning where that is reasonable.

A5. Fair use

When using Klipist, you must not:

1. break the law or infringe anyone's rights;
2. scrape, crawl or copy content or data from Klipist in bulk, or use bots or automated means, except normal search engine indexing;
3. try to get around security features, technical protections or access restrictions, or test or disrupt our systems;
4. upload or send malware, spam or anything that interferes with Klipist or other users;
5. impersonate others, create accounts under false pretences, or sell or transfer your account;
6. harass, threaten or abuse our team, filmmakers or other users;
7. use Klipist or its content to build a competing service, to train or feed software models, or for any other commercial purpose without our written permission;
8. remove copyright or other notices from any content.

A6. Intellectual property

The films belong to their filmmakers and rights holders. The Klipist name, logos, design, texts we write and the software of the site belong to Klipist or our licensors. Nothing in these terms gives you rights in them beyond what is needed to use Klipist as intended. Filmmakers whose films are on Klipist may use the laurels and logos we provide to them to announce their film.

If you send us ideas or suggestions about Klipist, we may use them freely and without compensation.

A7. Reporting content and copyright complaints

If you believe that content on Klipist infringes your rights or is unlawful, write to stream@klipist.com with: the link to the content, what you believe is wrong and why, your name and contact details, and, for copyright, a statement that you are the rights holder or act for them. We look at every report, act quickly where a report is justified, and tell you what we did. We may pass on your report to the filmmaker concerned so that they can respond; tell us if you do not want us to share your name.

A8. Links to other websites

Klipist links to other websites, for example to a filmmaker's website or social accounts. We are not responsible for their content or their data practices.

A9. Changes to Klipist

We develop Klipist further and may change, add or remove features. If we ever decide to close Klipist, we will announce it on the site in advance and tell filmmakers with a film on Klipist by email.

A10. Liability

Klipist is provided free of charge for viewers. We are liable without limitation for damage we cause intentionally or through gross negligence, and for injury to life, body or health. Otherwise, and as far as the law allows, we are not liable for damage arising from the use of Klipist, in particular for temporary unavailability, loss of data you store with us, or content of third-party websites. Mandatory consumer protection law remains unaffected.

A11. Changes to these terms

We may update these terms. The date at the top shows the current version. If a change materially affects filmmakers with a film on Klipist, we tell them by email at least 30 days before it applies to them; if they do not agree, they can ask us to remove their film before that date (see B9). For all other users, the new version applies from the date shown when you next use Klipist.

A12. Applicable law and courts

These terms and all contracts with Klipist are governed by Swiss law. The UN Convention on Contracts for the International Sale of Goods does not apply. The courts at the registered office of Klipist in Mels, Switzerland, have jurisdiction. If you are a consumer, the mandatory protection of the law of your country of residence and your right to bring proceedings in the courts of your place of residence remain unaffected.

If a provision of these terms is invalid, the rest remains valid. If we do not enforce a provision right away, we do not give it up.

A13. Contact

Klipist Studios GmbH, Im Stoffel 41, 8887 Mels, Switzerland. stream@klipist.com. Company no. CHE-462.383.433.

Part B: Submitting and distributing a film

This part applies in addition to Part A when you submit a film to Klipist or distribute a film with us. The acceptance form summarises it in five points; this text is the full version.

B1. Who may submit

You may submit a film if you made it and hold the rights, or if the rights holders have allowed you to submit it on their behalf. You must be at least 18 years old, or act with the permission of a parent or guardian.

B2. Submitting is free

Submitting a film to Klipist costs nothing. Please give us a link to the film and, if needed, a password, and make sure the link works for us. We use what you send us to review your submission and to contact you about it; we do not publish anything at this stage.

Our team watches every submission in full and decides. We aim to decide usually within 30 days, sometimes a little longer, and we let you know either way. We are not obliged to accept a film or to give reasons for a decision.

B3. Acceptance, the distribution fee and your place

If we accept your film, we send you an email with a link to the acceptance form. Your film is scheduled once you have completed the form and paid the one-time distribution fee.

1. Amount. The fee is the amount shown on the acceptance form and at checkout when you place your order, in pounds sterling, including VAT where it applies. Any personal discount code works as described in the email that gave it to you.
2. Once. The fee is paid once per film. There are no further fees, no subscription and no renewal.
3. What it is for. The fee covers the cost of preparing, hosting and presenting your film on Klipist. It is not a payment for views, rankings or promotion results.
4. Payment. Payment is processed by our payment provider; we never see your full card details.
5. Your place. We hold your place for 14 days after the acceptance email. If we do not hear from you, we check in with you; if we still do not hear back, we may release the place. You can come back to us later and we pick up where we left off, as far as the calendar allows.

B4. What we do for your film

After payment we:

1. prepare the film for our player from the file you send us, host it and stream it on klipist.com and in the Klipist apps, free to watch, worldwide;
2. build your film's page: stills from the film, a logline and a description based on your text, a page for the director, each lead actor and the key crew, and links to your website, IMDb and social accounts, as far as you give them to us;
3. add subtitles, from the file you send us or prepared by us;
4. give your film a launch date in our launch calendar, taking your dates into account as far as the calendar allows, and confirm it by email;
5. tell you when the page is live, with the direct link.

Beyond its page, we present your film where it fits: usually with a moment in Clips and a turn in the Klipist TV programme, and in collections and on our social channels; where and when is our editorial choice. We do not promise a particular placement or reach, and we do not provide view counts.

You may ask us to correct information on your film page at any time.

B5. Ownership stays with you

You keep ownership of the copyright in your film. Klipist is non-exclusive: you may show, sell or license your film anywhere else at the same time, including at festivals and on other platforms. Klipist does not pay royalties or a share of revenue, including revenue from licences under B6 f.

B6. The licence you give us

We need the following licence to be able to show your film, keep it available and bring it to more viewers.

When you complete the acceptance form, you give Klipist a non-exclusive, worldwide, perpetual, irrevocable (you can still have your film removed at any time, see B9), royalty-free and transferable licence, with the right to grant sublicences, to use the film and the material you send with it (stills, poster, texts, subtitles) in all media and formats, now known or developed later, in particular to:

a. stream the complete film and make it available for offline viewing on klipist.com, in the Klipist apps and on any other service we operate;

b. make technical adaptations: encoding, stills, subtitles, captions, translations, content notes and age ratings;

c. present and promote the film and Klipist, using its title, stills, poster, logline, description, the names of cast and crew, excerpts and trailers. For this we may edit excerpts (for example colour, pace, sound, music, titles and graphics) and combine them with excerpts from other films;

d. publish the complete film or excerpts on our channels on other platforms;

e. show the film at screenings and festivals we organise or take part in;

f. make the film available through partner platforms and services, alone or together with other films on Klipist, and give them the rights they need for that.

We do not re-edit the complete film. We credit you wherever the medium allows. Your moral rights remain unaffected as far as the law provides.

B7. What you confirm

By submitting and by completing the acceptance form, you confirm that:

1. you own the film or have the permission of all rights holders to submit it and to give us the licence in B6;
2. you have secured the rights and permissions for everything in the film, including music, footage, images, artworks and trademarks, and the consent of the people who appear in it (for minors, of their parents or guardians), for use as described in these terms;
3. the film does not break the law and does not infringe the rights of others, including their privacy and personality rights;
4. the information you give us about the film and the people involved is accurate, and you tell us about themes that call for a content note (for example suicide, self-harm, abuse or violence).

If a third party makes a claim against Klipist or against anyone we have licensed the film to under B6 f because one of these confirmations was not true, you defend and indemnify us and them against all resulting damage and reasonable legal costs.

B8. Keeping your film online

Your film stays on Klipist for as long as you want it there, as long as we operate Klipist. We only take a film down ourselves if:

1. a third party credibly claims that the film infringes their rights, or it breaks the law;
2. we have serious doubts that the confirmations in B7 are true, or you have seriously breached these terms;
3. a technical failure or a service provider makes it impossible to show the film; or
4. we close Klipist (A9).

We tell you by email beforehand where possible, and otherwise without delay, and give you the reason.

B9. Removing your film

You can ask us to remove your film at any time by email to stream@klipist.com. We take it off klipist.com and the Klipist apps within 48 hours and make no new use of it ourselves. Licences we have already granted under B6 f continue until they end, and posts already published may remain.

B10. Refunds

1. You can ask for a full refund within 14 days of your payment, as long as we have not built your film page yet.
2. After your film has launched, the fee is not refunded. You can still have the film removed at any time (B9).
3. If we do not launch your film for reasons on our side, we refund the fee in full.
4. Refunds go back through the payment method you used. Your statutory rights as a consumer, if any, remain unaffected.

B11. Your data

The names of the cast and crew, the links you give us, and the texts and images for your film page are published on Klipist. How we handle personal data is explained in the Privacy Policy at klipist.com/privacy/.

B12. Liability between you and us

We are liable without limitation for intent and gross negligence. Otherwise our liability towards you under Part B is limited to the amount of the distribution fee you paid for the film concerned. We are not liable for interruptions caused by third-party platforms or providers outside our control. Mandatory law remains unaffected.

B13. Other platforms

If you submitted your film through a third-party submission platform, that platform's terms apply to the submission there; Part B applies to the distribution of your film on Klipist.