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PRIVACY POLICY And TERMS OF USE

Introduction

APPSMARTZ™ (hereinafter referred as company) has launched a smart mobile app ScreenRecorderTM (hereinafter referred as app) to enjoy the recording of device screen, live streaming, creation of self content etc. by the user. This app is subject to the acceptance of following terms of policy agreement (hereinafter referred as Policy).

  1. Definitions
    1. Abusive content: means the content, which is vulgar, obscene, filthy, derogatory, defamatory, pornographic, abusive or punishable by any law, any abusive language, video, hate speech, racism, colouring remarks, anti-national, anti-religion, sign, expression, still photo. In case any abusive content as defined here is being displayed/streamed or made audible or uploaded, the same will also be considered as abusive content.
    2. Offensive content: means data or content arranged, managed or manipulated, forged, fabricated, hacked by the user or by any other person/third party, legal entity by any means or through any device, system, technology or from any place.
    3. Advertisement: means here the advertisement displayed or published or made audible in any print media, tele media, radio stations or social media site/s, OTT platforms published by the company, its associates or its ad-partners, ad agency/ies.
    4. The pronoun ‘he’ and its derivatives are used of any person, whether male or female, third gender or any other legal entity
    5. User: means a person or legal entity, who downloads the app for his personal use.
  2. Activation of App
    1. The company has launched the app for the user to record the displayed and audible content on mobile. While downloading the app, the user is considered a competent person having appropriate age as per the law of his/her country to understand this policy and features of the app. The user either barred or otherwise legally prohibited from receiving or using the app or its any content under the laws of the country in which the user resides or from which user accesses or uses the app must not access the app. The user is bound to comply with any additional age restrictions that might apply in a country for the use of contents or specific content of the app. The company has no concern with any age dispute of the user and only the user is solely responsible for the same, if any dispute arises in this regard as per the laws of the user's country.
    2. While accepting the present policy, the user hereby acknowledges that he/she has read, understood and agreed to be bound by its terms. This Agreement is a legal agreement between the user and company and all the terms stated hereunder apply to the user, whether the user is a registered user or a visitor visiting the site of company. If the user does not agree with this Agreement, the user is advised not to accept this agreement and not to download the app. So, please read this agreement carefully. If the user does not understand this policy or its any part or does not agree with it, then the user should not download the app.
    3. The app can be activated by downloading it from the online app store or play store.
  3. Information
    1. Company respects the user's preferences and take reasonable steps to protect the collected data from the user in app
    2. To avail the services or content of the app, user is required to accept these terms on providing the requisite information. The user is also required to give consent to the company to collect his/her information from third party online or offline. All the information provided by the user will help the company to update or modify the app as per interest and convenience of the user/s.
    3. The company may share the information data provided by the user or collected from third party with its group companies and its associates. The company may also use said data/information for any survey, news content or magazines etc. to show the popularity of the app of company and for its growth and the user shall have no objection over it. Any such information provided by the user must always be accurate, correct and up to date. The company assures the user that any such information provided by the user or collected from third party will not be delivered to any other user without the written and expressed consent of the user concerned.
    4. Some of the data collected from you in connection with your use of this product is shared or otherwise made available to third-parties with whom we are affiliated, and is collected, stored and used in accordance with the third-party privacy policy set forth at: https://nmprivacy-policy.com/
    5. The company may provide such information to the Govt. of India or the country of user or to any authority if directed by any court of law. While providing such information, the company is not under obligation to inform the user in this regard.
    6. Un-installation/removing the app is also in the control of the user. So, Un-installing, removing the app from the device does not mean that the user has disallowed the company to use his/her data information with its group or associate companies.
    7. The user is advised to keep his/her account user details safe and secure and not to share them with anyone else.
    8. Company also provides the user control over his own data.
    9. On the information provided by the user, the company may also launch its other apps as per the profile, hobbies and interest of the user.
  4. Features
    1. The company has provided some special features to the user in the app.
    2. The user may go live on youtube, GameSee, Twitch, facebook or RTMP compatible through the app.
    3. User may also view or share his app data on the website of company.
    4. The user may also take the screen shot of the displayed content on his device through the app.
    5. The company has provided some new features like live streaming, white board, interactive video, video and audio recording and floating button in the app. Use may learn about these features from the FAQ section of the platform.
    6. Company has provided multiple premium features for the user, who wants to enjoy the app without any advertisement or with fewer advertisements or with some particular advertisements.
    7. The company is also providing multiple additional features to the user having premium features.
    8. The user may create his content on the app by uploading the same on the app cloud.
    9. While uploading the content, the use is required to create his separate login ID.
    10. The user is free to create his log ID either from google, facebook or directly through the app.
    11. The information so uploaded by the user shall remain public at first instance. After uploading the same, the user shall have an option to make it public, limited or private.
    12. The abusive or offensive content is not allowed to upload on the app or connected platforms like youtube, GameSee, Twitch, facebook or RTMP compatible through the app.
    13. The abusive and offensive content shall be removed by the company from the app as soon it comes to know about the same. The user shall have no objection on removal of said content.
    14. Some of the features either premium or non-premium shall be subject to the availability of internet network in the area of user. The company shall not be responsible for failure of internet network or due to error of the same or non-compatibility of the device of the user with the features. However, some features shall run without internet network subject to the compatibility of the device.
    15. Android and iOS user may also upload the videos recorded through the app on youtube, GameSee, twitch, facebook.
    16. Company has also provided a special feature of a floating button for easy access of other features of the app.
    17. For any query, use may contact at FAQ section of the app. The company has also shared its contact information (telephone number, email address) to resolve/reply the queries, questions, complaints or claims of user at (link to be given).
    18. While using the app, End-User will comply with applicable third party terms of agreement. The End-User will not violate the wireless data service agreement while using said app
    19. The company and End-User acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the CEULA. Upon the End-User’s acceptance of the terms and conditions of this CEULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the End-User as a third party beneficiary thereof.
  5. Consent Terms
    1. The user has an option to give consent to the company to run ads on the app platform.
    2. While accepting the present policy and terms of use, the user has given his free and volunteered consent to the company to share the data so provided by the user or collected by the company or its associates from third party source with anyone. The user shall have no objection if the company or its associates uses the personal information or data provided by the user for the commercial use and benefit of the company. The user can take back his consent regarding sharing of his information by the company or its associates to others only for ad purpose. However said information will remain intact with the company and Google as per Google Policy & Google Terms
    3. Company has published information about Google’s uses of information. The company has recommended to go through Google's uses of information page before accepting the terms of this policy.
    4. The company uses “an identifier on the device of user”, that may collect or receive either itself or from third party in any manner the personal data of a user or the company may use the same for its own or for its associates or at any place as per the choice of company.
    5. The company will not disclose the names of third party using the personal data of the user to the user or anyone else except on the direction of any Police
    6. Investigation Agency, by the Court order or by the direction of Government authority in which the user resides or directed by any public authority of Government of India. The company is not under any obligation to inform the user with regard to delivery of such information of the user to aforementioned authorities.

  6. Premium Services for iOS
    1. The company provides some premium services, the details of which are given in the pricing plans
    2. Said premium services may be renewed under the title SCR Premium Renewal.
    3. For renewing such services, the company provides the duration of subscription either monthly or annually.
    4. While renewing such services or plans, the used is recommended to check the list of renewal plans given in the pricing plans
    5. The company will fulfill its offer during the entire subscription period including Billing Grace Period. In case of any error occurred due to any reason whatsoever while providing the premium services, due to which the end user is unable to avail premium services, the company authorizes and instructs Apple to refund to the iOS End-User the full amount, or any portion thereof in Apple’s sole discretion, of the price paid by the End-User for that subscription.
    6. According to the Apple Store policy, premium subscription will be automatically renewed until a user chooses to cancel it. Payment will be deducted from itunes account upon confirmation of purchase. Users can subscribe on iOS, iPadOS, macOS, watchOS, and tvOS.
    7. Subscription will be renewed automatically unless auto-renewed is turned off at least 24 hours before the end of current period. User’s account will be charged according to his plan for renewal within 24 hours prior to the end of current period and identify the cost of renewal.
    8. User can manage or turn off-auto renewal in his Apple ID account setting at any time after purchase.
    9. iOS User has also gone through the terms of Custom End-User Licence Agreement (CEULA) and accepts the same.
  7. Updates
    1. The user is advised to install updates from time to time from the website of the company or play store or app store or by opting ‘update’ displayed on the app whenever it is displayed.
    2. The company may update the app automatically and for updation, the consent of any user is not required and only acceptance of this agreement will be deemed as consent to the updation of the app though the user does not have the compatible device to operate the app. However, the user may run the older version of the app.
  8. No Warranty

    The downloading of app on the device of the user is subject to the compatibility of device and online services on the place of the user. The company does not warranty regarding the operation of app due to poor Internet services. Running of app is not guaranteed in every country, but subject to the discretion of the Govt. of said country.

  9. Advertisements

    The company may also run any advertisement by displaying it on the app directly or through any third party or their agencies. The users while using the app may watch, check, verify and hide the same at its sole discretion. If any advertisement is appearing to the user as illegal or defective, he/she shall inform the company with immediate effect to remove the same permanently from the app. It is hereby informed that the advertisement on the app may not be in the control of the company and it may be posted by third parties/ad agencies or its associates. The company also follows the guidelines of up to date amended Google Ads Data Protection Terms.

  10. Consideration
    1. That if the user wants to upload the video, still or audio content/s recorded by using the app on any internet cloud such as YouTube, then the company may use this content to be made accessible to other users registered or non-registered on a public cloud network. Company may earn ad revenue through these content to cover the cost of the app and cloud network/ servers.
    2. The user shall be sole responsible and liable for action, if said data infringes the copyright/s of another or is objectionable to any one or it violates the law of any country and the company has no concern with the same. While uploading said data, the user assures the company that said data belongs to him originally and it does not violate any law of any country particularly Intellectual Property Rights of anyone..
  11. Sharing & Security
    1. The security of user’s personal information is important to the company and it strives to implement and maintain reasonable, commercially acceptable security procedures and practices appropriate to the nature of the information stored by the company in order to protect it from unauthorized access, destruction, use, modification, or disclosure.
    2. The company alerts the user that a user must be aware that no method of transmission over the internet, or of electronic storage is 100% secure and thus, the company is unable to guarantee the absolute security of the personal information collected by it from the user.
    3. The company will disclose the personal information of the user, wherever, it is so required under the legal provisions or subpoena or if the company believes that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the company’s integrity or security.
    4. The user may not use any content of the app for any purpose either commercially or otherwise.
    5. The user may not attempt to, nor assist, alter or temper with, authorise or encourage others to circumvent, disable or defeat any of the features, copyrights, logos or labels or components, such as digital rights management software or encryption that protect, obfuscate or otherwise restrict access to any content of app in any manner.
    6. If the user violates any of the above terms of this agreement, he/she may incur civil or criminal liability as per the Indian laws.
  12. Changes to these Terms

    The consent of the user is not required if the company wishes to change or modify any term either wholly or partly.

  13. Jurisdiction

    The dispute if any regarding the terms of this policy, shall be referred to the sole arbitrator having knowledge of Indian laws, who will be appointed by the company. The place of arbitrator shall be at Mohali, Punjab, India. The fee of arbitration shall be paid by the user/s or company who will raise the dispute. The proceedings of dispute from beginning to end shall be recorded in the English language.