USER AGREEMENT
WELCOME TO TIME CAPSULE!
The Terms of Use (or “the Terms”) presented below are the basic rights and obligations established between Time Capsule, Inc. (or “we”, “us”) when you use Time Capsule Application. It is important to read the Terms carefully as they are the rules that govern the relationship between you and us and form a legally binding contact.
In order to download and/or use Time Capsule products and services (or “the Services”) you must first accept these Terms. These Terms are accepted by you: (a) when you click to accept or agree to the Terms; or (b) when you download and/or use the Services.These Terms apply to all our users worldwide but there may be local laws that also apply specifically to you.
- TIME CAPSULE SERVICE
1.1. Time Capsule is a service created for storage of your photos, videos and other materials (or “content”) of users. Using Time Capsule you can share your content with other users.
1.2. Time Capsule is also a social media application designed for keeping your brightest and sweetest moments forever. Time Capsule allows you to create personal content, invite friends to follow you and send videos, images, text and voice messages to friends, family or your future self at the right moment in the future.
- LEGAL CAPACITY
2.1. If you are under the age of consent in your country to form a binding agreement, you should only use our Services if you are either an emancipated minor, or have the legal consent of your parent or guardian for your use of our Services. You should use our Services only if you are fully able to understand and enter into and comply with these Terms.
2.2. Our Services are not intended for children under 13.
- TIME CAPSULE ACCOUNT
3.1. In order to use the Services you shall register in the Time Capsule (create Time Capsule Account).
3.2. We offer 4 options how you can register:
3.2.1. via e-mail address and password;
3.2.2. via Apple ID;
3.2.3. via Facebook;
3.2.4. via Google.
3.3. In order to register via e-mail address and password you are required to provide information about yourself. You may be asked to create username and password. You are entirely responsible for maintaining the security of your e-mail address and password.
3.4. By registration via Apple ID, Facebook of Google you shall confirm that the selected details, which you previously provided on Apple, Facebook or Google, shall be adopted by us.
3.5. Apple Inc., Google, Inc., Facebook Inc. and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to the Terms if you access the Services using Applications developed for Apple iOS, Android mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.
3.6. We monitor content of users on a regular basis in order to find content in breach with the Terms. However, if you find such content can submit a complaint to us via special form provided in the Services.
3.7. The Services may include information and materials uploaded or sent by other users. This information and these materials have not been verified or approved by us and is the sole responsibility of the person that sent or uploaded it. The views expressed by other users on our Services do not represent our views or values.
3.8. You agree that you may view content that might be offensive, illegal, misleading, or otherwise inappropriate, and we are not responsible for this.
3.9. Under no circumstances Time Capsule will be liable in any way for any:
3.1. Content that is transmitted or viewed while using the Services,
3.9.2. errors or omissions in the content, or
3.9.3. any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to content.
3.10. In your Time Capsule Account you can create Capsules (storages of your content). You can create closed Capsules and set up moment when Capsules will open and the content will become available for chosen users.
3.11. Time Capsule provides you with 2 types of Time Capsule Accounts:
3.11.1. Free Time Capsule Accounts;
3.11.2. Paid Time Capsule Accounts.
3.12. When you register in Time Capsule and create the Time Capsule Account, it is Free Time Capsule Account. The storage space of Free Time Capsule Account is limited to the 1 GB. The size of each Capsule in Free Time Capsule Account cannot extend 500 MB.
3.13. If you need more than 1 GB and/or more than 500 MB for one Capsuleyou can increase storage space by adding paid features (Paid Time Capsule Account) according to the tariffs set up in the Service. The cost depends on the length of the time period when Capsules stay closed.
3.14. You may cancel your Paid Time Capsule Account at any time. Payments are non-refundable except otherwise is provided by applicable law.
3.14.1. If you are the resident of EU countries, Great Britain or Turkey, you have the right to cancel your Paid Time Capsule Account subscriptions within 14 days of signing up for, upgrading to, or renewing a Paid Time Capsule Account.
3.15. All purchases in relation to the Services shall be made in accordance with Apple Media Services Terms and Conditions and Google Play Terms of Service respectively. Time Capsule does not sell any services or content via the Services. If you purchase services or content, you enter in a sale agreement with Apple LLC or Google LLC respectively.
3.16. We have no access to the payment details in a case of any your purchase via Services.
- USE OF THE SERVICE
4.1. You must use the Services in accordance with the Terms and your local laws. In some countries there may be restrictions on the download and use of the Services. It is your responsibility to ensure that you are legally allowed to use the Services where you are located.
4.2. You agree that you are solely responsible for the content sent, displayed or uploaded by you while using the Services and for compliance with all laws pertaining to the content, including, but not limited to, laws requiring you to obtain the consent of a third party to use the content and to provide appropriate notices of third party rights. You represent and warrant that you have the right to upload the content to Time Capsule and that such use does not violate or infringe on any rights of any third party.
4.3. You agree that you will not use the Service:
4.3.1. for any purpose that is illegal or prohibited in the Terms or by any applicable laws;
4.3.2. to encourage or promote any activity that violates these Terms or any applicable laws;
4.3.3. in any way that could interfere with, disrupt, affect negatively, or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden, or otherwise impair the functioning of our Services or our security;
4.3.4. to transmit through the Services any material that may infringe the intellectual property or other rights of third parties;
4.3.5. to build or benchmark a competitive product or service, or copy any features, functions or graphics of the Services;
4.3.6. to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation;
4.3.7. to upload viruses or other malicious codes or otherwise compromise the security of our Services;
4.3.8. to engage in any activity or use the Services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Service;
4.3.9. to access or try to access another user’s account without user’s consent or illegally .
4.4. You may not use the Service, including any tools provided by us, or any content on our Services for any commercial purposes without our consent.
4.5. You solely control whether your Content is made available on the Services to all other users of the Services or only available to people you approve. To restrict access to your Content you should select the corresponding privacy setting.
- RIGHTS UNDER THE TERMS
5.1. We grant to you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable licence to use the Services strictly in accordance with the Terms.
5.2. Our Services allow you to create, upload, post, send, receive, comment and store digital content in Time Capsule Account.
5.3. You give us a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute the content uploaded to Time Capsule Account for as long as you use the Services. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Service.
5.4. The Services and all rights, including intellectual property rights, shall remain property of the Time Capsule.
- CONTENT REMOVAL AND TERMINATION OF THE TIME CAPSULE ACCOUNT
6.1. We may remove, disallow, block or delete any content, at any time without notice to you:
6.1.1. that we consider to violate any provision of the Terms or any law;
6.1.2. that comes within information or materials listed in clause 4.3.6 of the Terms;
6.1.3. in response to complaints from other users or third parties;
6.1.4. in response to requests by law enforcement or other government agencies.
6.2. You may terminate your relationship with us at any time by requesting closure of your Time Capsule Account.
6.3. We may terminate relationship with you, or may terminate or suspend your use of the Services if:
6.3.1. if you are in breach of the Terms;
6.3.2. if activities on your account, in our sole discretion, would or might cause damage to or impair us or our Services or infringe or violate any third party rights (including intellectual property rights);
6.3.3. if we reasonably suspect that you are using the Services fraudulently or that your Time Capsule Account is being used by a third party fraudulently;
6.3.4. in response to requests by law enforcement or other government agencies under valid legal process;
6.3.5. due to unexpected technical or security issues or problems.
6.4. Capsules are deleted automatically in a 1 (One) year after opening of such Capsules.
6.5. You can delete your Time Capsule at any time. You can restore your Time Capsule Account in 1 (One) year after the deleting. After 1 (One) year left you will not be able to recover the content.
6.6. If you delete your Time Capsule Account with Closed Capsules, you have 2 options to choose:
6.6.1. to delete all the content of your Time Capsule Account including Closed Capsules;
6.6.2. to delete the content of your Time Capsule Account except Closed Capsules. In that case the content of Closed Content will be deleted in accordance with clause 6.4 herein.
6.7 When your Paid Time Capsule Account is deleted regardless of the reason, payments are not refunded in accordance with clause 3.14 herein.
- FUNDING OF THE SERVICE
7.1. In order to provide our Services for free to you the Services may contain advertisements. Accepting the Terms, you acknowledge that we can show you advertisements. We use your personal data, such as information about your activity and interests, to show you advertisements that are more relevant to you.
7.2. We do not sell your personal data. To show you relevant advertisements we use your personal data, such as information about your activities. Such personal data shall be used within the scope of the Private Policy.
7.3. We do not share information that directly identifies you, such as your name or email address unless you give us specific permission.
- EXCLUSION OF WARRANTIES
8.1. NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU:
8.1.1. CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE; AND
8.1.2. ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER.
8.2. THE SERVICES ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM. IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
8.2.1. YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
8.2.2. YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
8.2.3. ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE OR FREE FROM ERROR; AND
8.2.4. DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
8.3. TO THE EXTENT ALLOWED UNDER APPLICABLE LAW, NO CONDITIONS, REPRESENTATIONS, WARRANTIES, STATEMENTS OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS.
- LIMITATION OF LIABILITY
9.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES REGARDLESS OF THE LEGAL THEORY, OR WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.2. WE SHALL NOT BE LIABLE TO YOU WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE), UNDER ANY STATUTE OR OTHERWISE UNDER OR IN CONNECTION WITH THESE TERMS OR THE PROVISION OR RECEIPT OF THE SERVICES FOR:
9.2.1. ANY LOSS OF PROFIT
9.2.2. ANY LOSS OF GOODWILL;
9.2.3. ANY LOSS OF OPPORTUNITY;
9.2.4. ANY LOSS OF DATA;
9.2.5. ANY LOSS OF BUSINESS;
9.2.6. ANY BUSINESS INTERRUPTION;
9.2.7. ANY LOSS OF BUSINESS REPUTATION; OR
9.2.8. ANY INDIRECT OR CONSEQUENTIAL LOSSES OF WHATEVER NATURE.
9.3. OUR TOTAL AGGREGATE LIABILITY WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE), UNDER ANY STATUTE OR OTHERWISE UNDER OR IN CONNECTION WITH THESE TERMS AND THE PROVISION AND RECEIPT OF THE SERVICES WILL BE LIMITED TO THE HIGHER OF $ 100,00.
9.4. YOU ACKNOWLEDGE AND AGREE THAT SUBJECT TO THE CLAUSE 9.1, WE SHALL NOT BE LIABLE WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE), UNDER ANY STATUTE OR OTHERWISE FOR ANY LIABILITY, LOSS, EXPENSE (INCLUDING LEGAL FEES), COST CLAIM OR DAMAGES WHICH MAY BE INCURRED BY YOU OR ANY OTHER PERSON ARISING OUT OF OR IN CONNECTION WITH: ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER WHOSE ADVERTISING APPEARS ON THE SERVICES; ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
9.5. WE ONLY PROVIDE OUR PLATFORM FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSES UNLESS WE HAVE GRANTED EXPRESS WRITTEN CONSENT.
9.6. YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU ARE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE.
- DISPUTE RESOLUTION
10.1. If you are USA resident, you agree that the parties expressly waive any right to bring any action, lawsuit, or proceeding as a class or collective action, private attorney general action, or any other proceeding in which any party acts or proposes to act in a representative capacity.
10.2. You agree that in the event of any dispute between you and us, you will first contact us and make an effort to resolve the dispute through negotiations. You can contact us: support@capstime.com; address: Business Center 1, M Floor, The Meydan Hotel, Nad Al Sheba, Dubai, U.A.E
10.3. If you are a consumer, the laws of the country in which you reside will apply to any claim, cause of action or dispute that arises out of or relates to the Terms. You may submit your claim in any competent court in that country that has jurisdiction over the claim.
10.4. Unless prohibited by the laws of your home country all claims and disputes (whether contractual or otherwise) arising out of or relating to the Terms or the use of the Services will be brought exclusively in the courts of Wyoming, USA.
- PRIVACY
11.1. Your privacy is very important to us.
11.2. We process your personal information and the content of your communications in accordance with our Privacy Policy. The Privacy Policy is incorporated into the Terms of use by this reference.
- MISCELLANEOUS
12.1. The Terms shall be governed by and construed under the laws of the State of Wyoming, USA.
12.2. As we use third parties services, we have no control over these services.
12.3. We may amend the Terms from time to time. Amendments will be effective upon posting of such updated Terms on the website: https://capstime.com/tos. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
12.4. We may automatically update our app and change the Services to improve performance, add (or remove) new features, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update our apps for the same reasons.