Terms of Services

Last updated Dec 7th, 2020

Thank you for using Screen Recorder, Video Recorder-Vidma Recorder application (hereinafter referred to as "Vidma Recorder" or “the APP”)! These terms of service (hereinafter referred to as “this Terms”) cover your use and access of Vidma Recorder and other related services (hereinafter referred to as “Services”).

These Services are provided by AtlasV Singapore PTE. LTD., a company registered at Singapore, and hereinafter may also referred to as “AtlasV”, “we”, “our”, or “us”.

Individuals or enterprises (hereinafter referred to as "you" or "users") that use our services shall read this Terms carefully, especially the content about the restrictions on the user rights, dispute resolution, exemption from or limitations on our liability, and those in bold font. If the users have any questions about this Terms, please contact our legal team via legal@vidma.com.

We maintain other terms and policies that supplement this Terms like our Privacy Policy, which describes our collection and use of personal data. By using our Services, you agree this Terms as well as those supplemental terms and policies, and this Terms shall become effective between you and AtlasV. If you do not agree to any or all of this Terms and supplemental terms and policies, such as our Privacy Policy, you shall not use our Services.

Changes to Terms. We reserve the right to modify this Terms at any time. We will always post the latest version on our website and notify you by announcement on the APP should anything material change. By continuing to use the Services after the changes become effective, you agree to the revised Terms.

Authorization. We grant you a worldwide, non-exclusive and non-transferable right to use the Services for any purpose that does not infringe any third party’s intellectual property rights, privacy rights and other legal interests.

Our Services. Vidma Recorder provides you with screen recording services on your own devices for your personal and non-commercial use in accordance with this Terms and applicable laws. To provide such services, Vidma Recorder will not circumvent any technical measures set up by other apps or platforms. Third Party’s Services. We will use Google's related services (such as Google Analytics and Google Cloud) to analyze the usage and to ensure the compliance with their terms and privacy policies.

PLEASE NOTE THAT, without the authorization of you and Google, we will not collect or process your personal information through Google services. For more information, you may refer to "How Google uses data when you use our partners' sites or apps" (located at www.google.com/policies/privacy/partners/, or any other URL Google may provide from time to time) to understand the privacy policy of Google and its related components.

Fees, Payments and Invoices. We DO NOT charge you for using the APP, unless you subscribe for member services via Google Play. Also, we will get benefits from Google’s Admob and Facebook’s Audience Network by publishing advertisements on the APP. For the rates of the service fees, please refer to the price displayed on the app or email to support-recorderpro@vidma.com.

PLEASE NOTE THAT, unless we have a special agreement in this Terms, the content of fees and payment shall be in accordance with the requirements of Google Play Terms of Service.

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 services, and you agree that such coupons shall not apply to you unless we have made available to you.

PLEASE NOTE THAT, we reserve the right to request for additional fees arising from any damage caused by your use of our services.

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 dire ct refund to you, and you shall agree to authorize us to make a refund claim to the corresponding payment provider on your behalf.

Renewals. From time to time the Service’s features may change, including withdrawing or adding new features, change subscription prices. You may cancel the subscription at any time through your Google Play Store account settings 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. Until canceled, purchased subscription to the Services will remain active and will automatically renew each month or year(depends on your subscription).

Your Personal Information. By using our services, you agree that we may collect, use and store your information as set forth in our Privacy Policy. PLEASE NOTE THAT your screen recording contents will be stored directly on the Album of your device, and will not be stored on the APP or the Google Cloud we are using.

User Restrictions. In connection with your access to our services, you are responsible for compliance with all applicable laws, regulations and policies of all relevant jurisdictions. If you use our services to record, store or share content, please make sure you have the necessary rights to do so and that the content is lawful. Especially, by using our Services to record the screen contents provided by any third party’s app or platform, you shall always respect their copyrights and comply with their service terms, policies and applicable laws. For example, the Service Terms of YouTube expressly restrict users to reproduce any contents without authorization or written permission. You shall carefully review and comply with the Services Terms and Privacy Policies of YouTube.

The following restrictions apply to your use of the Service. You are not allowed to:

• allow other persons to use your user account, and you agree that you are the sole authorized user of your account;
• impersonate any person or entity;
• copy, modify, create derivatives of, decompile, or reverse engineer the Service or take any action to interfere with Vidma Recorder’s intellectual property rights and any other legal interests;
• upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of Vidma Recorder;
• use Vidma Recorder for any illegal purpose, such as discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation;
• use Vidma Recorder in any way that may infringe any third party’s intellectual property rights, including without limitation copyrights, patents, trademarks and trade secrets;
• use Vidma Recorder in any way that may infringe any third party’s privacy rights. For example, recording and disclosing any talking screen without right holder’s permission;
  
• post feedback on Google Play in a manner which is false or misleading;
• Restrictions under this term shall survive upon termination of this Terms.

Limitation of Liability. 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, profits;
• any costs, fees, expenses, losses, damages or liabilities suffered by anyone other than you in connetion with your use of our service.

Provided that we are liable to you in connection with our services, our liability shall not exceed an amount of the subscription fee you have paid in the past 12 months.

Miscellaneous.

• The APP 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 APP, you shall be solely responsible for the possible results and risks therefrom.
• We may maintain and update the APP 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.
• We may give notice to you by announcement on the APP, email, SMS or phone call (if it is available).
  
• 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 this Terms, and shall not affect the legality, validity and enforceability of other provisions.
• 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.
• Intellectual Property. All intellectual property and trademark rights in Vidma Recorder shall be owned by Vidma Recorder absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same (the “Intellectual Property”). All other trademarks, logos, service marks, company or product names set forth in the Vidma Recorder are the property of their respective right holders. You agree that you will not use Vidma Recorder’s Intellectual Property for any purpose except to the extent necessary to be as user of the Vidma Recorder’s Services.

Governing Law and Jurisdiction.

• Except to the extent that: (i) any applicable additional terms incorporated into this 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)), this Terms and any dispute or claim arising out of or in connection with this Terms will be governed by the law of Singapore.

• Any dispute arising out of or in connection with this Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause.

• The seat of the arbitration shall be Singapore.

• The Tribunal shall consist of 1 arbitrator(s).

• The arbitration proceedings will be conducted in English.

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: #24-099 Vision Exchange, 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 CORRESPONSING 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.