Terms of Use

Welcome to AllMoments!

DEFINITIONS

The term “Agreement” refers to these Terms and Conditions, the Privacy Policy, and any other documents provided by the Application (also called the "Contract" or "Terms"). “User,” “You,” and “your” refer to the person using the Application (also known as the "Individual" or "Customer") to access services, which may include a company, partnership, sole trader, individual, body corporate, or association (also called the "Entity" or "Organization"). “Customer” refers to a user (or "Client") who makes payments to use the services. “We,” “us,” “our,” and “Company” refer to AllMoments (also called the "Provider"). “Application” means "AllMoments" and any future versions of the app or related services (also called the "Platform"). Finally, “Customer Account” refers to an account (or "User Profile") created for the customer to use services on the Application.

CONSENT

By accessing or using the Application, you agree to comply with these Terms of use  and our Privacy Policy. If you do not agree, please refrain from using the Application.

AUTO-RENEWAL, DATA BACKUP, AND DEVICE TRANSFER INSTRUCTIONS

• If you subscribe and don’t cancel, the subscription will renew automatically every month or year as per your subscription plan.

• The app requires free space in the user's Google Drive, where all data is securely stored.

• To switch the All Moments app between two phones, start by backing up your data on the old device using the 'Backup' button in the app settings, and do this before uninstalling or logging out to prevent data loss. Once the backup is complete, install the app on the new device, sign in, and click 'Restore' to transfer your videos from Google Drive. The app will automatically log you out of the old device during this process. If the 'Backup' and 'Restore' buttons are not used properly, the app is not responsible for data loss. 

• To avoid any data loss, it is recommended to back up your data regularly, especially after adding new videos, as the app is not responsible for data loss if the correct procedure is not followed.

ELIGIBILITY

• Age Requirement: You must be at least 13 years old to use the Application.

• Google Drive: Users must have adequate free storage space in their Google Drive to save videos.

• Social Authentication: Sign-in is enabled via third-party services like Google and Apple. Please use the same authentication method consistently to access your data.

CHANGES TO TERMS OF USE

We may update this Terms of Use from time to time. Any changes will be reflected on our website. We encourage you to review this Terms of Use periodically.

DATA RETENTION POLICY

For free trial users who have never subscribed, their account and data can be deleted from our system at any time after six months from the date of installation (i.e., any time after the 180th day of installation). 

For users who subscribed once but did not renew, their account and data can  be deleted from our system at any time after two years from the renewal due date. We retain your account information and data for up to two years from the renewal due date to make it easier for you to reactivate your subscription if you choose to return. 

Delete Account: Deleting user account from AllMoments app will only remove your account information and any associated data from our system within 30 days. It will not delete the videos stored in your Google Drive. Users need to delete the videos manually from Google Drive.

USER CONTENT

When adding videos within the app, you agree not to upload content that:

• Is illegal

• Violates intellectual property rights

• Is false, misleading, or defamatory

We reserve the right to remove any inappropriate content and suspend or terminate accounts for any violations over time.

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  Privacy Policy, GDPR, US Privacy Policy, Cookie Policy and Terms of Use  at any time and changes will be reflected on our website. We encourage you to review this periodically. 

If you do not agree with the latest Terms and Conditions or All Moments policies, you are free to cancel your subscription; unfortunately, this means you will no longer be able to use the services. Before canceling your subscription, make sure you have backed up your data. If you continue to use the services in any way after a change to the Terms and Conditions or new policies becomes effective, it means you agree to all of the changes.

The Application is licensed to you on a limited, non-exclusive, non-transferable, 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: When you subscribe to a paid plan, you agree to let us charge the subscription fee to your payment method.

Changes in Subscription Fees: We may change your subscription fee for in-app purchases at any time following the relevant procedure. 

• If a user cancels their subscription or fails to pay the subscription fees, access to the AllMoments service will be discontinued.

• Users' account data will be retained in our system for a period of 2 years from the date of cancellation or non-payment. If the user does not renew their subscription within this timeframe, their email and account details will be permanently deleted.

• After the 2-year period, the user will be treated as a new user and will need to create a new account to access the service.

• To avoid losing access or data, users are encouraged to back up their videos before cancelling their subscription or failing to pay the subscription fees.

• If a user subscribes again within the 2-year retention period, they will regain access to their previous account and associated data.

• For users utilizing the free trial, once the trial period ends without subscription, they will no longer have access to the service. This includes the ability to add or play videos. Users’ data will be deleted from our system any time after 180 days from the end of the free trial period.

These conditions ensure clarity and transparency in managing your subscription and data, emphasizing the importance of timely renewals and backups.

If you have any differences in opinion regarding our new terms and conditions or new subscription plans, you should inform us via info@allmoments.net within one month. If you continue using our service after that, it means you agree to the updated terms and conditions or subscription plans. Additionally, your cancellation will be effective as of the date of the change to these Terms or our Privacy Policy.

If the company plans to wind up, it will provide information via the app, website, or email at least 2 months in advance, so users can download and save their videos.

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

Once the subscription is active and the user wants to discontinue, the paid subscription will not be refunded. The user can cancel the upcoming subscription. It is your responsibility to know when your promotion ends and the new/original applicable subscription fee for your subscription plan once the promotion has ended.

By signing up for a paid Subscription Plan and providing your Payment Method or Payment Details, you authorize us to charge the Subscription Fee for your chosen plan for each subscription period.

In order to create an account, a social authentication method and Google Drive are used.

We do not guarantee the security of any data that you transmit to us. Accordingly, any data 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 logs in using a third-party system like Google, Apple, etc., they must always use the same login method to access their data. Changing the login method may prevent access to previously stored data.

As you know, internet-based businesses rely on various components such as cloud storage, cloud servers, optical fibers, mobile phones, network towers, and more. We will make every effort to provide services in the proper manner. However, if something beyond our control happens unexpectedly, we are not responsible for your videos/data and cannot offer compensation or a refund of the subscription fee. Therefore, we recommend keeping a backup of your videos/data in your personal library. This app is intended for sorting videos in users' Google Drives.

AllMoments reserves the right to revise the app design, add or remove features, modify or change emotions, terminology, the overall structure, and more without prior notice.

If a subscription is not purchased, renewed, or is cancelled, it is advised to make a backup of your videos stored in your personal Google Drive before the free trial or subscription period ends.

Your videos will not be deleted from Google Drive even if the subscription is not renewed, cancelled, or the free trial ends.

Deleting your AllMoments app account will only remove your account information and any associated data from the app's servers within 30 days. It will not delete the videos stored in your Google Drive.

If the server is down, or any unexpected technical problem occurs in the app causing it to become non-functional or encounter bugs, we will work to resolve it as quickly as possible. No refunds or compensation will be provided for technical errors or troubleshooting issues. During this time, it is advised to access your personal Google Drive, where you can watch all the recorded videos.

If any video is lost due to a technical problem, we are not responsible. We strongly advise users to keep a backup copy of videos uploaded to All Moments.

The subscription charges may change over time.

GEOGRAPHIC RESTRICTIONS

The AllMoments mobile application is intended for use in regions where it is made available through authorized app distribution platforms, including the Google Play Store and Apple App Store. By downloading or using AllMoments, you confirm that you are accessing the app from a location where its use is permitted under applicable laws and regulations.

AllMoments does not guarantee that the app or its features will be accessible or functional in all geographic locations. Certain features, functionality, or services may be restricted, unavailable, or limited based on regional legal, technical, or business considerations.

You are responsible for ensuring that your use of AllMoments complies with local laws and regulations in your country or region. If the app is prohibited or restricted in your location, you agree not to download, install, or use the app.

AllMoments reserves the right to restrict access to the app or its services in any region, at its sole discretion, without prior notice.

USER RESPONSIBILITIES

By using the AllMoments mobile app, you agree to the following responsibilities to ensure lawful, secure, and ethical use of the Application:

• You will use the app and its services solely for lawful purposes and ensure compliance with all applicable laws and regulations.

• You will not use or access the app to conduct market research or gather information for any competing business.

• You agree not to misrepresent your identity or impersonate any person or entity for false, misleading, or illegal purposes.

• You will not upload, introduce, or use any viruses, hacking tools, or malicious software to disrupt or interfere with the app's operation or its data and files.

• You will not use automated tools, such as scrapers, bots, or crawlers, to access or interact with the app without prior written permission from AllMoments.

• You are encouraged to promptly report any inappropriate, unlawful, or concerning content or activities you encounter while using the app so that we can investigate and take appropriate action.

• You will not interfere with or attempt to disrupt the app’s proper operation using unauthorized mechanisms, such as hacking, data mining, or unauthorized access to files, data, or passwords.

• You will not obscure, block, or tamper with any safety features or essential elements of the app.

• You agree not to take any action that places an unreasonable or excessive burden on the app’s infrastructure, as determined solely by AllMoments.

• If you discover content that violates any laws or terms, you agree to notify us, and we will review the matter.

AllMoments reserves the right, at its sole discretion, to restrict or terminate your access to the app or any of its services without prior notice and to remove any content deemed inappropriate or in violation of these terms.

LIMITATION OF LIABILITY

AllMoments is provided on an 'as-is' and 'as-available' basis. We make no guarantees regarding the app's uninterrupted or error-free performance. Legally, AllMoments shall not be held responsible for:

• Losses or damages resulting from inaccurate, incomplete, or incorrect information that you input into the app.

• Any inconvenience, loss, or damage arising from your inability to access or use the app at any time.

• Errors, omissions, or inaccuracies in the app’s functionality or content.

• Any losses incurred from relying on third-party services that we use to enhance the app's performance or functionality.

• Unauthorized access to or loss of personal information due to circumstances beyond our control.

• Data loss or errors caused by unavoidable events, such as hacking or other malicious activities.

• Black screen issues when opening videos or during video uploads due to slow or unstable internet connections.

By using the app, you acknowledge and accept these limitations and agree that AllMoments will not be held liable for any direct, indirect, incidental, or consequential damages arising from your use of the app.

THIRD-PARTY LINKS/SERVICES

The AllMoments mobile app may include links to third-party websites, services, or resources that are not owned or controlled by AllMoments. These links are provided solely for your convenience and app’s functionality and performance. 

We are not responsible for the content, policies, or practices of any third-party websites or services, such as Google Cloud Platform (GCP), Google Firebase, Google Drive, etc., that are used to store your videos, support app functionality and improve performance. Any interaction with third-party services, including their use of your personal data, is governed by their respective terms and privacy policies. We encourage you to review these policies carefully before engaging with such services.

By using the AllMoments app, you acknowledge and agree that:

• We do not control, monitor, or assume responsibility for any third-party content or resources accessed through the app.

• We are not liable for any loss, damage, or issues arising from your use of third-party websites or services.

• You are solely responsible for your interactions with any third-party platforms or services and for ensuring compliance with their terms of use.

• If you encounter any issues or have concerns about a third-party link or service, please contact the provider directly or inform us so we can review the matter.

AllMoments is committed to providing a secure and seamless experience, but we cannot guarantee the safety, accuracy, or reliability of external resources and third-party links.

COPYRIGHT AND TRADEMARK

All content, features, and materials provided in the AllMoments mobile app and website, including but not limited to text, graphics, logos, icons, images, software, and design, are the intellectual property of AllMoments or its licensors. These materials are protected under applicable copyright, trademark, and other intellectual property laws.

1. Copyright

• All rights to the content and materials provided within the AllMoments app and website are reserved. You may not copy, reproduce, modify, distribute, transmit, display, or perform any part of the app or its content without prior written permission from AllMoments.

• User-generated content, such as videos stored in your Google Drive, remains your property. By using the app, you affirm that you own or have the necessary permissions to upload and manage such content.

2. Trademark

• AllMoments and its associated logos, icons, and branding are trademarks of AllMoments. Any unauthorized use of these trademarks, including in domain names, advertising, or promotional materials, is strictly prohibited without prior written consent.

• Other trademarks, logos, and service marks appearing in the app may be the property of their respective owners. All rights relating to these trademarks are retained by their owners.

3. Prohibited Use

• You may not use the AllMoments name, logo, or other proprietary elements in any way that implies sponsorship, endorsement, or affiliation without express authorization.

• Reverse-engineering, decompiling, or creating derivative works from the app or its associated content is strictly prohibited.

4. Reporting Infringement

If you believe that your intellectual property rights have been violated through the app, please contact us immediately with detailed information about the alleged infringement. We will review and take appropriate action in compliance with applicable laws.

By using AllMoments, you acknowledge and agree to respect the copyrights, trademarks, and other intellectual property rights associated with the app and its content. Violations of these terms may result in suspension or termination of your account and potential legal action.

MISCELLANEOUS

Severability
If any part of these Terms of Use is found to be invalid or unenforceable, that part will be changed or removed as needed, but the rest of the Terms will still apply and remain in effect.

Termination
Term
AllMoments reserves the right to cancel or terminate the services provided to you at any time, with or without cause, by providing notice. In such cases, we will not be liable to you or any third party for the termination. Upon termination, all subscriptions and services associated with your account will cease immediately. If the company plans to terminate services, it will provide information via the app, website, or email at least 2 months in advance, so users can download and save their videos.

Effect of Termination
Upon termination, cancellation, or expiration of your services or these Terms for any reason:

• We will discontinue all services provided to you.

• You will not be eligible for any refunds of fees, whether pro-rata or otherwise.

• Any outstanding fees owed to us will become immediately due and payable in full.

• We may delete your data from our systems within 30 days of termination.

Entire Agreement

These Terms constitute the complete agreement between you and AllMoments regarding the use of the app and services, superseding any prior agreements or communications on the subject matter.

Governing Law and Jurisdiction

All legal disputes or claims arising out of or related to the AllMoments app will be governed exclusively by the laws of Kerala, India. Any litigation must be initiated in courts located in Kerala, India. The maximum liability that AllMoments may owe you under any circumstance is limited to the amount of your last paid subscription fee.  Users do not have the right to claim compensation beyond this amount.

CONTACT INFORMATION

If you have any questions or concerns about these Terms of Use, please contact us at info@allmoments.net. We value your feedback and are here to assist you.