Terms of service

Welcome to Rok Benko's filmmaker and video editor website. These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Visitor,” “Client,” “you,” or “your”) and KAPION d.o.o., a limited liability company registered in the Republic of Slovenia (registration number: 1683438000, VAT ID: SI32880227), operating through Rok Benko (“Company,” “Consultant,” “we,” “us,” or “our”). By accessing our website at rokbenko.com/video, contacting us via email, or engaging our services in any capacity, you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you do not agree to these Terms, do not use our website or engage our services.

We may update these Terms from time to time. When we make material changes, we will update the “Effective Date” at the top of this page. Your continued use of our website or services after any changes constitutes acceptance of the updated Terms.

• “Company” means KAPION, raziskave, razvoj in svetovanje na področju informacijskih tehnologij, komunikacij in naravoslovnih znanosti d.o.o. (short name: KAPION d.o.o.), a limited liability company registered in the Republic of Slovenia at Kocljeva ulica 16, 9000 Murska Sobota, registration number 1683438000, VAT ID SI32880227.
• “Consultant” means Rok Benko, operating on behalf of the Company.
• “Website” means the website accessible at rokbenko.com/video, including all content, features, and functionality available thereon.
• “Services” means the video production, filming, video editing, color grading, and motion graphics services offered by the Company through Rok Benko.
• “Video Project” means a specific project between the Company and a Client with a defined scope, deliverables, timeline, and pricing as outlined in a separate project proposal or agreement.
• “Client” means any individual or business entity that engages the Company for Services.
• “Visitor” means any individual who accesses or browses the Website without necessarily engaging the Company for Services.
• “Client Materials” means any scripts, storyboards, existing footage, brand materials, music, logos, or other content provided by the Client for use in a Video Project.
• “Deliverables” means final edited video files, color-graded exports, or motion graphics assets created by the Consultant for the Client as agreed in a Video Project.
• “Raw Footage” means original, unedited video files recorded by the Consultant during production.

KAPION d.o.o., through Rok Benko, provides video production and editing services including on-location filming, video editing, professional color grading, and motion graphics such as title sequences, lower thirds, and logo animations.

The Website serves informational and marketing purposes only. It describes the Services, shares portfolio work and reviews, and provides a means to get in touch. All service engagements begin via email contact and are governed by individual project agreements in addition to these Terms.

The Consultant reserves the right to modify, update, or discontinue any aspect of the Services or Website at any time without prior notice.

To engage the Services, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction, whichever is greater
• Have the legal authority to enter into binding agreements on behalf of yourself or the business entity you represent
• Provide accurate and complete information during the project discussion process
• Not engage the Services for any illegal, fraudulent, or deceptive purposes

All Video Projects begin with an initial discussion initiated through email. During this process, we discuss your creative vision, project scope, intended use, delivery format, and timeline. Based on this discussion, I provide a custom proposal outlining the scope, deliverables, timeline, and pricing.

These Terms govern the general relationship between you and the Company. Individual project proposals or agreements may contain additional terms specific to that project. In the event of a conflict between these Terms and a project agreement, the project agreement takes precedence for matters related to that specific Video Project.

The Consultant reserves the right to decline any project at his sole discretion, including but not limited to situations where the requested services fall outside the Consultant's area of expertise, the project involves content or industries the Consultant chooses not to support, or scheduling availability does not permit timely delivery.

Company Property.KAPION d.o.o. retains all right, title, and interest in the Website, including all content, text, design, graphics, logos, showreel, creative methodologies, and branding. Nothing in these Terms transfers ownership of the Consultant's intellectual property to the Client or Visitor. You may not reproduce, distribute, modify, or create derivative works from any Website content without prior written permission.

Client Materials. You retain full ownership of all Client Materials provided to the Consultant. By providing Client Materials, you grant a limited, non-exclusive, non-transferable license to use, reproduce, and process those materials solely for the purpose of executing your Video Project.

Video Deliverables. Upon full payment the Client receives a perpetual, non-exclusive, worldwide license to use the final edited video Deliverables for their own business or personal purposes. Raw Footage, Premiere Pro project files, and intermediate edits remain the property of the Consultant and are not included in the license unless explicitly agreed in a separate project agreement. Full ownership transfer of Raw Footage or source project files may be negotiated separately.

Raw Footage. The Consultant retains ownership of all Raw Footage captured during production. The Client receives the agreed Deliverables. Access to Raw Footage is not included by default and may be licensed separately if agreed in writing.

Portfolio and Showreel.The Consultant may use short clips, stills, and anonymized project descriptions from completed projects for portfolio presentations, showreel, and the Website with the Client's prior consent. The Consultant will not identify the Client by name, logo, or other identifying details without prior written consent.

Feedback. Any feedback, suggestions, or enhancement requests you provide regarding the Services or Website may be used by the Consultant for service improvement without obligation or compensation.

When using the Website or engaging the Services, you agree to:

• Provide accurate and complete information during project discussions and engagements
• Respond to communications within reasonable timeframes to avoid project delays
• Ensure that all Client Materials do not infringe upon any third-party intellectual property rights or violate any applicable laws
• Comply with all applicable laws and regulations regarding the content being produced through the Video Project

You agree not to:

• Use automated tools, bots, or scrapers to extract content from the Website, except for automated access that complies with the Website's published crawl policies (robots.txt) and the machine-readable resources the Website intentionally provides for that purpose
• Attempt to gain unauthorized access to the Website, its servers, or any connected systems
• Distribute malware, conduct spam, or engage in any activity that disrupts or interferes with the Website's operation
• Use the Website or Services for any unlawful, deceptive, or harmful purposes
• Reproduce, redistribute, or resell any Website content, video content, showreel clips, or edited footage without prior written permission
• Use the Services for competitive intelligence or benchmarking against the Consultant

The Website links to third-party services. These services are governed by their own terms of service and privacy policies. The Consultant is not responsible for the practices, content, or availability of any third-party service.

• Vercel Analytics is used for privacy-friendly, cookieless website analytics. It collects anonymized usage data such as page views and referral sources. No personally identifiable information is collected through Vercel Analytics.
• Vercel Speed Insights is used for privacy-friendly, cookieless performance monitoring. It collects anonymized Core Web Vitals metrics for the pages you visit. No personally identifiable information is collected through Vercel Speed Insights.
• Social media links to LinkedIn, X (formerly Twitter), YouTube, and Vimeo are provided for informational purposes. These platforms are governed by their own respective terms.

The inclusion of any link does not imply endorsement or affiliation. You access third-party services at your own risk.

Both parties agree to treat as confidential any non-public information disclosed during the course of a Video Project, including but not limited to creative briefs, unreleased footage, business strategies, client identities (where confidentiality is requested), pricing details, and trade secrets (“Confidential Information”).

Each party agrees to protect the other's Confidential Information with at least the same degree of care it uses to protect its own confidential information, and in no event less than reasonable care. Neither party will disclose the other's Confidential Information to third parties except as necessary to perform the Services.

These confidentiality obligations do not apply to information that:

• Is or becomes publicly available through no fault of the receiving party
• Was already known to the receiving party prior to disclosure
• Is independently developed without use of the disclosing party's Confidential Information
• Is received from a third party without restriction and without breach of any obligation
• Is required to be disclosed by law, regulation, or court order, provided the disclosing party is given prompt notice and reasonable assistance to seek a protective order

Confidentiality obligations survive the termination of any Video Project or these Terms for a period of three (3) years.

Any viewership figures, engagement metrics, or audience data referenced on the Website represent historical results from specific projects. They are not guarantees of future performance.

Actual results vary significantly based on the Client's platform, audience, distribution strategy, timing, and other factors outside the Consultant's control.

The Consultant does not guarantee specific viewership numbers, engagement rates, or business outcomes from video content. Portfolio work and reviews displayed on the Website are illustrative examples and do not constitute promises or predictions of future results.

The Consultant warrants that Services will be performed in a professional and workmanlike manner consistent with generally accepted industry standards. The Client's sole and exclusive remedy for breach of this warranty is re-performance of the deficient Services at no additional cost. Beyond this express warranty:

THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE CONSULTANT DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE CONSULTANT DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT THE SERVICES WILL ACHIEVE ANY PARTICULAR RESULTS.

Information on the Website is for general informational purposes and does not constitute professional, legal, or financial advice. You should consult qualified professionals for advice specific to your situation.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KAPION D.O.O. OR ROK BENKO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITIES, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE WEBSITE, OR THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF THE CONSULTANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR ANY VIDEO PROJECT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE CLIENT TO THE COMPANY FOR THE SPECIFIC VIDEO PROJECT GIVING RISE TO THE CLAIM.

These limitations do not apply to liability arising from gross negligence or willful misconduct, or to any liability that cannot be excluded or limited under applicable law, including mandatory consumer protection laws of the European Union or the Republic of Slovenia.

You agree to indemnify, defend, and hold harmless KAPION d.o.o. and Rok Benko from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Client Materials that infringe upon any third-party intellectual property rights or violate any applicable law
• Your breach of any provision of these Terms
• Your violation of any applicable law, regulation, or ordinance
• Any misrepresentation made by you regarding your business, products, or services
• The products, services, or activities depicted in the video content produced under the Video Project

The Consultant will provide prompt written notice of any claim and cooperate reasonably in the defense of such claim.

Either party may terminate a Video Project with written notice as specified in the applicable project agreement. In the absence of specific termination provisions in a project agreement:

• Either party may terminate for cause if the other party materially breaches these Terms and fails to cure such breach within fifteen (15) days of receiving written notice
• The Consultant may terminate or suspend Services immediately upon non-payment exceeding 30 days past due
• The Consultant may terminate if the Client violates these Terms in a manner that poses legal or reputational risk

Upon termination:

• All work completed prior to the termination date is billable in full, and any outstanding invoices become immediately due
• Both parties retain rights and obligations under the Confidentiality, Intellectual Property, Limitation of Liability, and Indemnification sections, which survive termination
• Provided the Client has paid all outstanding amounts in full, the Consultant will make commercially reasonable efforts to deliver any completed but undelivered Deliverables to the Client within thirty (30) days of the termination date

Website analytics: The Website uses Vercel Analytics and Vercel Speed Insights to collect anonymized, cookieless usage data such as page views and Core Web Vitals performance metrics. No personally identifiable information is collected through the Website beyond what you voluntarily provide via email.

Functional preferences:The Website stores your language preference (English, Slovenian, or German) and your animation performance preference in your browser's localStorage. These are functional preferences stored locally on your device and are not transmitted to any server.

Cookies: The Website does not set any cookies.

Client project data: Creative briefs, footage, and project data provided during the discussion and engagement process are used solely for planning and executing your Video Project. The Consultant does not sell, rent, or share your data with third parties except as necessary for service delivery and Website operations.

Email communications: When you contact the Consultant via email, correspondence is stored for the purpose of responding to your inquiry and managing ongoing projects. We may occasionally contact existing clients about services relevant to their prior project. You may opt out of such communications at any time.

Data retention: Project-related data is retained for up to 2 years after project completion for record-keeping and potential follow-up. Your data rights, including deletion, are described in our Privacy Policy.

EU data rights: If you are located in the European Economic Area, you have rights under the General Data Protection Regulation (GDPR) including the right to access, correct, delete, and port your personal data, as well as the right to object to or restrict processing. To exercise these rights, contact the Consultant using the details in the Contact section.

For full details on how your information is handled, see the Privacy Policy.

These Terms are governed by and construed in accordance with the laws of the Republic of Slovenia, without regard to its conflict of laws provisions.

In the event of any dispute arising out of or relating to these Terms or the Services, the parties agree to first attempt to resolve the matter through good-faith negotiation for a period of thirty (30) days. If the dispute remains unresolved, it shall be submitted to the exclusive jurisdiction of the competent courts of the Republic of Slovenia.

For consumers residing in the European Union, nothing in these Terms affects your rights under mandatory consumer protection legislation in your country of residence. You may also be entitled to submit disputes to the European Commission's Online Dispute Resolution platform.

Neither party shall be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay results from events beyond its reasonable control, including but not limited to natural disasters, severe weather events, pandemics, government actions or restrictions, civil unrest, power outages, or internet service disruptions (“Force Majeure Event”).

The affected party shall provide prompt notice to the other party describing the Force Majeure Event and its expected impact. The affected party shall use reasonable efforts to mitigate the impact and resume performance as soon as practicable.

If a Force Majeure Event prevents performance for more than sixty (60) consecutive days, either party may terminate the affected Video Project upon written notice, with payment due only for Services completed prior to the Force Majeure Event.

Amendments. The Consultant may update these Terms at any time by posting the revised version on the Website with an updated Effective Date. For material changes, reasonable efforts will be made to notify active Clients via email. Your continued use of the Website or Services after any modification constitutes acceptance of the updated Terms.

Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

Entire Agreement. These Terms, together with any applicable project agreements, constitute the entire agreement between you and KAPION d.o.o. regarding the subject matter herein and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.

Assignment. You may not assign or transfer your rights or obligations under these Terms without the prior written consent of the Consultant. The Consultant may assign these Terms freely in connection with a reorganization or transfer of business operations.

Waiver.The failure of either party to enforce any provision of these Terms shall not constitute a waiver of that party's right to enforce that provision or any other provision in the future.

Notices. All notices under these Terms shall be in writing and delivered via email. Notices to the Consultant should be sent to the email address listed in the Contact section below.

If you have any questions about these Terms of Service, please contact us at:

KAPION d.o.o.
Kocljeva ulica 16, 9000 Murska Sobota, Slovenia
Registration number: 1683438000
VAT ID: SI32880227
Email: roksstartups@gmail.com