Terms of use

INTRODUCTION

All moments welcomes you.  

We offer you access to our services through our “Application” (defined below) subject to the below-mentioned Terms and conditions. Allmoments holds all the legal rights to update these terms and conditions from time to time with or without notice to you.  By accessing and using this Application, you acknowledge that you have read, understood, and agree to be lawfully bound by these terms and conditions and our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”).

In case you do not agree with any of these terms, then please do not use the Application. 

The subscription will automatically renew monthly or yearly (based on your subscription) unless turned off in your Play store account settings at least 24 hours before the current period ends.


What are the basic requirements for using the app?

The user should have free space in Google Drive.

Where is the data stored?

The data is stored in the user's Google Drive.

How do I switch between 2 phones? (Android to Android, Android to iPhone, iPhone to iPhone, iPhone to Android)

When the user is sure they want to switch the app from one phone to another, they should click the 'Backup' button on the old device in All Moments app settings. This should be done before uninstalling or logging out from the All Moments app on the old phone. After completing the backup by clicking the 'Backup' button within the All Moments app on the old device, the user should install the All Moments app on the new device and sign in. Failure to follow this correct procedure result in data loss. The All Moments app is not responsible for any data loss if the user does not follow the correct procedure. 

On the new device, once the user installs the app, they should immediately click 'Restore'.

By clicking the 'Restore' button, the user will be logged out from the old device, and all videos from Google Drive will be fetched to the new one. We advise frequent data backup to avoid any data loss. This can be accomplished by selecting 'Backup' immediately after adding a new video. 

DEFINITIONS

●          Agreement” denotes to this Terms and Conditions and the Privacy Policy and other documents provided to you by the Application; 

●          User”, “You” and “your” denotes the person who is accessing it to take any service from us. User shall include the company, partnership, sole trader, person, body corporate or association taking services of this Application;

●          Customer” refers to the user who accesses the Application and makes the payment for purchasing services or availing services;

●          We”, “us”, “our” and “Company” are references to All moments;

●          Application” shall mean and include "All Moments, and any successor Application of the Company or any of its affiliates;

●          "Customer Account” shall mean an electronic account opened for the customer for availing various services offered on the Application;

INTERPRETATION

  ●       All references to the singular include the plural and vice versa and the word "includes" should be construed as "without limitation".


  ●       Words importing any gender shall include all the other genders.


  ●       Reference to any statute, ordinance, or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments, or replacements for the time being in force.


  ●       All headings, bold typing, and italics (if any) have been inserted for convenience of reference only and do not define, limit or affect the meaning or interpretation of the terms of this Agreement.

INTRODUCTION AND SCOPE

  ●       Scope. These Terms govern your use of the Application and the Services. Except as otherwise specified, these Terms do not apply to Third-Party Products or Services, which are governed by their terms of service.

 

  ●       Eligibility: Certain Service of the Application is not available to minors under the age of 18 or to any users suspended or removed from the system by us for any reason.

 

  ●       Electronic Communication: When you use this Application or send e-mails and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you agree to receive a reply from us electronically in the same format and you can keep copies of these communications for your records.

SERVICES

At All Moments, we offer a meticulously designed Application where we are providing an ultimate platform to our users for video recording.

We are trying our best to improve our services day by day and we surely deliver you with happiness.

 

MODIFICATIONS TO THE SERVICE

We reserve or hold all the legal rights, at our discretion, to change, modify, add to, or remove portions of the Terms (collectively, “Changes”), at any time. 

ACCOUNT

For accessing the Application and using certain Resources, you may be required to provide specific information and to create a user ID and password to establish an account.

You accept that the details you provide about establishing an account are correct and that you will keep your details up-to-date. You are responsible for the security of all of your user names, passwords, and registration information (such as unique account identifiers or historical billing information), and you are solely responsible for any use (authorized or not) of your accounts. You agree to notify us immediately about any unauthorized activity regarding any of your accounts or other breaches of security. We may at our discretion suspend or terminate any of your usernames and passwords at any time with or without notice.

7 Day trial policy: Users will be able to enjoy a complimentary 7-day trial of the service, but to continue using it, they will need to subscribe to a paid plan. If user don't activate paid subscription, user data from our storage can get deleted soon. Kindly user take your data with you within 1 week time. Stored data of unsubscribed user is at risk and get deleted from our storage any time after 1 week.

Subscription Renewal Policy: If user don’t renew subscription, data of user from our storage can get deleted soon. Kindly user take your data with you within 2 weeks time. Stored data of user is at risk and get deleted from our storage any time after 2 weeks.


USER CONTENT

A.   Content Responsibility. 

The Application permits you to post comments, feedback, etc. but you are solely responsible for the content posted by you. You represent that you have required permission to use the content.

When posting content to the Application, please do not post content that:

  ●        contains ill-mannered, profane, abusive, racist or hateful language or expressions, text, photographs or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature;

  ●        is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims;

  ●        violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community;

  ●        discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law;

  ●        violates or inappropriately encourages the violation of any municipal, state, federal, or international law, rule, regulation, or ordinance;

  ●        uses or attempts to use another's account, password, service, or system except as expressly permitted by the Terms of use uploads or transmits viruses or other harmful, disruptive, or destructive files;

  ●        sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects.

Any submitted content will be refused by us. If repeated violations occur, we reserve the right to cancel user access to the Application without advanced notice.

 

GENERAL CONDITIONS

We do not guarantee the accuracy, completeness, validity, or timeliness of the information listed by us.

 

These Terms and conditions, privacy policy, cookie policy etc. may need to change along with the Services as they evolve. We reserve the right to change Terms and conditions, privacy policy, cookie policy etc. at any time, but if we do, we will bring it to your attention by placing a notice on our website (www.allmoments.net), and/or by sending you an email and/or by some other means. You should visit the Website monthly to review these updated T&C, privacy policy, cookie policy GDPR etc.. 

If you do not agree with the latest Terms and conditions\all moments policies, you are free to reject them; unfortunately, that means you will no longer be able to use the services. If you use the services in any way after a change to the Terms and conditions\ new policies is effective, that means you agree to all of the changes.

The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they apply to the Service.


Subscription: As you sign up with a paid subscription plan, you authorize us to charge your payment method with the subscription fee for the chosen plan in accordance with these terms.


Changes in subscription fees: We may increase your subscription fee at any time by giving you a 30 days prior notice to your account or registered mail Id or via website.


If a user cancel subscription\not paying subscription fees, you will not have access to use our service. This means the videos uploaded by the user can get deleted from cloud without notice, so we advise the user to keep backup of your videos before cancelling subscription\not paying subscription fees. This is applicable for accounts which are inactive for a period of 6 months also.


If you have some opinion difference with our new terms and conditions\new subscription plans, you should inform us via info@allmoments.net  with in one month. If you are continuing using our service after that, it means you agree with updated terms and conditions\subscription plans. Also your cancellation will be effective as of the date of the change to these Terms or our Privacy Policy.


If the company is planing to wind up it will give information via app or website before 3 months. So the user can download and save the videos.


We will check the user comply with our fair usage policy. If not we will ban the user without notice.


Once the subscription is on and the user want to discontinue, the paid subscription will not be refunded. User can can cancel upcoming subscription. It is your responsibility to know when your Promotion, and the applicable Subscription Fee for your Subscription Plan once the Promotion has ended


By signing up to a paid Subscription Plan and providing us with your Payment Method, you authorise us to charge your Payment Method the Subscription Fee for your chosen Subscription Plan for each Subscription Fee Period in accordance with these Terms.


Fair Usage Policy on Streaming- This type of capping limits the streaming duration to 1000 minutes per month. Once the user reaches this limit, the streaming is automatically cut off.


Fair Usage Policy on Storage Capacity-This type of capping limits the data storage capacity to 150 GB.


Fair Usage Policy on Processing-This type of capping limits the processing duration to 1000 minutes per month.


In order to create an account user must provide his or her full name, address, email address etc. Also if purchasing a paid Subscription Plan, bank account details for the purpose of paying the Fee.


We do not guarantee the security of any data which you transmit to us. Accordingly, any data which you transmit is at your own risk. Once we receive your data, we will take reasonable steps to preserve the security of such information. 


If a user login using third party system like facebook, google etc. Always use the same gateway login to access your data. Shifting the login way may prevent you from accessing your previous data.


As you know internet business is connected with many parts like cloud storage, cloud server, optic fibre, mobile phone, network tower etc. We will try maximum to give service in proper manner. If something goes out of our control unintentionally, we are not answerable for your videos and not liable to give compensation or subscription fees. So we request you to keep a back up of videos in your personal library. This is just an app for sorting.


All moments will have rights to revise app design, add features, delete features, modify, change emotions, terminology, whole structure etc. without notice.


If subscription is not taken, download your video before free trial ends.


If server side is down or any unexpected technical problem occurs, we will try to solve as soon as possible. No refund or compensation will be given for technical side errors and trouble shooting. If some video is lost by technical problem we are not responsible. We advise user to keep a backup copy of video uploaded in all moments.


The subscription charges changes with time.



GEOGRAPHIC RESTRICTION

We reserve the right, to limit the usage or supply of any service to any person, geographic region, or jurisdiction. We may use this right as per necessity. We reserve the right to suspend any Service at any time. Any offer to provide any Service made on this Application is invalid where banned.

USER RESPONSIBILITIES

  ●       You shall use the Service and Application for a lawful purpose and comply with all the applicable laws while using the Application;

  ●       You shall not use or access the Application for collecting any market research for some competing business;

  ●       You shall not misrepresent or personate any person or entity for any false or illegal purpose;

  ●       You shall not use any virus, hacking tool for interfering in the operation of the Application or data and files of the Application;

  ●       You will not use any device, scraper, or any automated thing to access the Application for any means without taking permission.

  ●       You will inform us about anything that is inappropriate or  you can inform us if you find something illegal;

  ●       You will not interfere with or try to interrupt the proper operation of the Application through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or try to gain access to any data, files, or passwords connected to the Application through hacking, password or data mining, or any other means;

  ●       You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Application;   

  ●       You will not take any action that levies or may levy (in our sole decision) an unreasonable or unreasonably big load on our technical arrangement; and

  ●   You will let us know about the unsuitable content of which you become aware.  If you discover something that infringes any law, please let us know, and we’ll review it.

We reserve the right, in our sole and absolute discretion, to deny you access to the Application or any service, or any portion of the Application or service, without notice, and to remove any content.

NO RESPONSIBILITY

We are not responsible to you for:

  ●   any reliance that you may place on any material or commentary posted on our Application. Please note that nothing contained in our Application or the material published on it is intended to amount to advice on which you should rely; or

  ●   any losses you suffer because the information you put into our Application is inaccurate or incomplete; or

  ●   any losses you suffer because you cannot use our Application at any time; or

  ●   any errors in or omissions from our Application; or

  ●   any losses you may suffer by relying on any commentary, postings, or reviews (of our services or that of our partners) on our Application; or

  ●   any unauthorized access or loss of personal information that is beyond our control.

  ●   any errors “or” information loss due to unavoidable situations like hacking.

  ●   Black screen while opening video due to speed of internet connection.

  ●   Black screen while opening video caused due to internet problem during uploading.



 

THIRD-PARTY LINKS

The Application may comprise links to external or third-party Applications (“External Sites”).  These links are provided exclusively as ease to you and not as an authorization by us of the content on such External Sites.  The content of such External Sites is created and used by others.  You can communicate with the site administrator for those External Sites.  We are not accountable for the content provided in the link of any External Sites and do not provide any representations about the content or correctness of the information on such External Sites.  You should take safety measures when you are downloading files from all these Applications to safeguards your computer from viruses and other critical programs.  If you agree to access linked External Sites, you do so at your own risk.

 

 PERSONAL INFORMATION AND PRIVACY POLICY

By accessing or using this Application, you approve us to use, store, or otherwise process your personal information as per our Privacy Policy.


 COPYRIGHT AND TRADEMARK

The Application may contain material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of us (collectively referred to as the “Content”).  The Content may be possessed by us or third parties.   Unauthorized use of the Content may infringe copyright, trademark, and other laws.  You have no rights in or to the Content, and you will not take the Content except as allowed under this Agreement.  No other use is allowed without prior written consent from us.  You must recollect all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.  You may not transfer, provide license or sub-license, sell, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.  The use or posting of the Content on any other Application or in a networked computer environment for any purpose is expressly prohibited.

If you infringe any part of this Agreement, your permission to access and/or use the Content and the Application automatically terminates and you must immediately destroy any copies you have made of the Content.

Our trademarks, service marks, and logos used and displayed on the Application are registered and unregistered trademarks or service marks of us.  Other company, product, and service names located on the Application may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”).  Nothing on the Application should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use.    None of the Content may be retransmitted without our express, written consent for every instance.

MISCELLANEOUS

SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

TERMINATION

Term. The Services provided to you can be canceled or terminated by us. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination. Termination of these Terms will terminate all of your Services subscriptions.

Effect of Termination. Upon termination of these Terms for any reason, or cancellation or expiration of your Services: (a) We will cease providing the Services; (b) you will not be entitled to any refunds or usage fees, or any other fees, pro-rata or otherwise; (c) any fees you owe to us will immediately become due and payable in full, and (d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties hereto concerning the subject matter contained in this Agreement.

 

GOVERNING LAW AND JUDICIAL RECOURSE

Any legal cases with this app will be valid only in Kerala, India. The maximum compensation allmoments can give to customer in any scenario is subscription fees. The customer do not have right to ask more.

 

CONTACT INFORMATION

If you have any questions about these Terms, please contact us at info@allmoments.net


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