This Terms of Service of (hereinafter referred to as “this Terms”) was developed and published on [Dec 7th, 2020], and will be modified from time to time according to relevant policies and regulations.
Special Tips 1. This Term is hereby developed, published and implemented by AtlasV Singapore PTE.LTD. (hereinafter referred to as ” AtlasV ” or “We”).
2. The AtlasV service “Vidma Recorder”, hereinafter collectively referred to as “the Vidma Recorder app“) is developed and operated by AtlasV, and is dedicated to service you for screen recording and video editing services (hereinafter referred to as “video services“) on demand. When used in these Terms, “AtlasV,” “we,” “us,” or “our” refers to the AtlasV entity with whom you are contracting.
3.Individuals or enterprises (hereinafter referred to as “you” or “users”) that use or access the services provided by AtlasV shall thoroughly and carefully read this Terms before using Vidma Recorder. Please read the Terms carefully especially the content about the restrictions on the user’s rights, dispute resolution, exemption from or limitations on AtlasV’s liability. If the users have any questions about this Terms, please contact our legal team via <firstname.lastname@example.org>. If you record your screen through the Vidma Recorder, it shall be deemed that you have fully understood and accepted and is willing to comply with all the following clauses, and this Terms shall become effective between you and AtlasV. If you disagree to this Terms in whole or part, you are entitled to terminate the services provided by AtlasV at any time.
6. Age requirements. The Service is not available for use by persons under the age of 13 (or the minimum legal age in your country to use our Products, hereinafter referred to as Children). You may not allow Children to receive any services from AtlasV unless the services are ordered by you personally while you are the child’s guardian, in this case you’re responsible for your child’s activity on the services.
1 User Restriction
1.1 To use our video services on Vidma Recorder, you must be at least 3 years of age, or the age of legal majority in your jurisdiction (if different than 3). Also, you will be required to provide the minimum information needed to realize the basic functions of this app, such as obtaining the cookies, operating system, unique device identifier, login IP address, software version, connection method and type of network, device accelerator (such as gravity sensing device), operation log and album access permissions, If you fail to maintain accurate, complete, and up-to-date information (such as credit card expires), you may unable to use partial services. You shall responsible for all activity that occurs while using the APP and you shall maintain the security and secrecy of your actions at all times.
1.2 After you have been successfully startup, you shall not authorize others (especially those persons under the age of 3) to use the app. You may not allow persons under the age of 3 to receive our download services unless they are accompanied by you.
1.3 If it is found that Vidma Recorder has been illegally used by others, you shall immediately notify AtlasV to avoid unnecessary losses. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.
1.4 If you sign this Terms on behalf of the enterprise, you shall guarantee that you have obtained full authorization from the enterprise and have the right to act on behalf of the enterprise, and your actions are binding on the enterprise you represent.
1.5 Any request that you send to us according to the contact information reserved on the Vidma Recorder shall be deemed as your true expression of intention and constitute a binding offer on you.
2 Recording function
2.1 After you have been successfully startup the app, you can record your phone’s screen through the Vidma Recorder, while we hope you can comply with the intellectual property rights of the original publisher and platform as you get their authorization.
2.2 Record method
(a) You can download and install Vidma Recorder through your mobile phone.
(b) After you startup the Vidma Recorder and click the button of record, the Vidma Recorder will start to record your screen until you click the button of the stop.
(c) We are not allowed to record the screen if the app you are using blocks other app does the screen recording.
3 Service Use
3.1 Some of our services are designed to let you download, store, or share your content. If you choose to record, store or share content, please make sure you have the necessary rights to do so and that the content is lawful.
3.2 If you think someone is infringing your intellectual property rights, you can send us notice of the infringement and we’ll take appropriate action. For example, we suspend or close the services of repeat copyright infringers.
3.3 Some of our services include content that belongs to the publisher of the platform such as Instagram and many of the visual illustrations you see in these platforms. You must comply with the intellectual property rights of these contents. Don’t remove, obscure, or alter any of elements such as branding, logos, or legal notices. If you want to use the elements in the content, please seek for the permissions by the publisher.
3.4 If you are not the qualified user of this Terms or have a legally inappropriate situation, we have the right to make refusal and cancel the service, for which we shall not bear any liability.
3.5 You shall not record or share any dangerous contents that are prohibited or unsuitable according to the laws and regulations, otherwise, we have the right, but not obligate to make refusal and directly cancel the service, for which we shall not bear any liability. You shall bear the legal responsibility for all the consequences arising out of your violation of this Terms.
3.6 We do not make any evaluations or opinions. The opinions expressed in the content of other people or organizations are their opinions and do not reflect our opinions.
3.7 You are not allowed to use the App to engage in criminal activities, you shall bear the corresponding legal responsibility.
3.8 You may not upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of the Vidma Recorder.
3.9 We do not endorse or warrant the existence, conduct, performance, quality, legality or suitability of any clients or a third party and we do not warrant that verification, identity on clients. We are not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the Vidma Recorder. We may, temporarily and under consideration of the clients’ legitimate interests (e.g. by providing prior notice), restrict the availability of the app or certain features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Vidma Recorder Lite.
4 Our Services
4.1 We will provide you with download services and other services in accordance with this Terms.
4.2 We Do Not sell or share your personal data with third parties for their direct marketing, except with your consent.
5. Fees, Payment and Invoice
5.1 We DO NOT charge you for using Vidma Recorder unless you subscribe for member services via Google Play. Also, we will get benefits from Admob, Applovin by publishing advertisements on InSaver. For the rates of the service fees, please refer to the price displayed on the app. PLEASE NOTE THAT, unless we have a special agreement in the Terms, the content of fees and payment shall be in accordance with the requirements of Google Play Terms of Service.
5.2 We may on our sole discretion, offer certain users with discount coupons from time to time, which may result in different amounts charged for the same or similar download services, and you agree that such coupons shall not apply to you unless we have made available to you.
5.3 Subscription auto-renews before the end of the current period, unless canceled 24-hours in advance. You may manage your subscriptions and turned off auto-renewal from your Google Play Store account settings. You may cancel the subscription at any time before the end of the applicable billing period according to Googe Play Terms of Service. You will not receive a refund for the current billing period, except as otherwise provided in Google Play’s Refund Policy.
5.4 PLEASE NOTE THAT, we reserve the right to request for additional fees arising from any damage caused by your use of our download service.
5.5 We link your payment account to your personal account on Google Play Store. For wrong or unauthorized payment operations (including but not limited to wrong or unauthorized deductions) of your account in connection with AtlasV products & services, Google Payment or other relevant electronic payment service provider shall make direct refund to you, and you shall agree to authorize us to make a refund claim to the corresponding payment provider on your behalf.
5.6 You can pay for the app services through your third-party electronic payment account. You know and agree that the third-party electronic payment service provider makes direct deductions in our favor based on your order. When processing your payments for the services, in addition to this Terms, we are also bound by the terms and policies of the electronic payment service provider.
5.7 You may apply for the invoice of the payment you have made for our additional service though the InSaver from time to time, and we will issue the corresponding invoice to the email address you provid. If you have any questions, you shall contact us within 48 hours after the chargement services complete.
6 Limitation of Liability
6.1 To the extent permitted by applicable law, we shall not be liable for the following:
- any losses that could not reasonably be expected to arise from our negligence or breach of this Terms;
- any losses relating to your business or any other third party’s business;
- any costs, fees, expenses, losses, damages or liabilities suffered by anyone other than you in connetion with your use of our download service.
6.2 Provided that we are liable to you in connection with the download services, our liability will be limited to an amount equal to the service fee you have paid for the corresponding service in aggregate.
7.1 The Vidma Recorder and services may contain third-party websites or website links, and you shall decide whether to access these links. We are not responsible for the accuracy, completeness, adequacy and reliability of any information, data, opinions, pictures, statements or suggestions made available on these websites. If you decide to visit any third-party website linked to the Vidma Recorder you shall be solely responsible for the possible results and risks therefrom.
7.2 We may maintain and update the Vidma Recorder from time to time, in which case you may unable to use our services. We shall also not be liable for network service interruption or other defects caused by force majeure or for any other reason not attributable to us.
7.3 We may give notice to you by an announcement on the Vidma Recorder, email.
7.4 If any provision of this Terms is held to be illegal, invalid or unenforceable under applicable law, such provision thereof shall to that extent be deemed not to form part of these Terms, and shall not affect the legality, validity and enforceability of other provisions.
7.5 You agree that we may assign or transfer this Terms in whole or in part to either a subsidiary or affiliate of us or a successor by merger or acquisition.
8 Governing Law and Jurisdiction
8.1 Governing Law
Except to the extent that: (i) any applicable additional terms incorporated into these Terms provide differently, or (ii) the applicable laws and regulations of your jurisdiction mandate otherwise (for instance, you may have statutory rights in your jurisdiction in relation to bringing or defending claims in a local court (including small claims court (or similar court)), these Terms and any dispute or claim arising out of or in connection with these Terms will be governed by the law of Singapore.
Any dispute, controversy or claim (whether in contract, tort or otherwise) arising out of, relating to, or in connection with these Terms, including their existence, validity, interpretation, performance, breach or termination, will be referred to and finally resolved by the Singapore International Arbitration Centre under the Singapore International Arbitration Centre Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of the arbitration will be Singapore. There will be one arbitrator only. The arbitration proceedings will be conducted in English.
9 Contact Details
If you have any questions about this Terms or the services we provide hereunder, please contact us in the following ways
Full name of legal entity: Atlasv Singapore Pte. Ltd.
Email Address: DPO@vidma.com
Address: Venture Drive, Vision Exchange #24-099, Singapore 608526
DISCLAIMER. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.LIMITATION OF LIABILITY.WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE SERVICE FEE WE HAVE CHARGED FROM YOU FOR THE CORRESPONDING SERVICE. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. INDEMNITY YOU UNDERTAKE TO INDEMNIFY US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, CHAUFFEURS ON DEMAND AGAINST ALL CLAIMS, ACTIONS, CHARGES, COSTS, EXPENSES, DEMANDS, DAMAGES, LIABILITIES, PROCEEDINGS OR JUDGMENTS WHICH ARISING OUT OF OR IN CONNECTION WITH YOUR BREACH OR VIOLATION OF THIS TERMS, OR YOUR INFRINGEMENT OF ANY THIRD PARTY’S RIGHTS.