PRIVACY POLICY AND TERMS OF USE

Introduction

APPSMARTZ™ (hereinafter referred as company) has launched its application ScreenRecorder™ (hereinafter referred as app) only for Apple based Mac devices(hereinafter referred as device) to enjoy the features of app by the user. This app is subject to the acceptance of following terms of policy agreement (hereinafter referred as Policy).

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  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. Content: means the recording material either video or audio of the user.
    4. Third Party: means any entity excluding the associates, subsidiaries, affiliated, partners of the company in other business
    5. 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.
    6. The pronoun ‘he’ and its derivatives are used of any person, whether male or female, third gender or any other legal entity
    7. User:means a person or legal entity, who downloads the app to use it on his device 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 the device . 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. If the user does not agree with this Agreement, he 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.
  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 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.
    4. 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.
    5. The user is advised to keep his/her account user details safe and secure and not to share them with anyone else.
    6. Company also provides the user control over his own data.
    7. 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. User may also view or share his app data on the website of company.
    3. User may also record the video and audio content through the webcam of the device.
    4. User may at its choice record the full or part of the screen of his device.
    5. 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.
    6. All of the features shall be subject to the availability of internet network in the area of user. The company shall not be responsible for failure of the 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 an internet network subject to the compatibility of the device.
    7. 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.
    8. While uploading the content, the use is required to create his separate login ID.
    9. 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.
    10. Company does not store anywhere any content of the user with it. The content of the user shall remain on his device as per his choice.
  5. Updates
    1. The user is advised to install updates from time to time from the website of the company 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.
  6. 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 the 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.

  7. 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.

  8. 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..
  9. 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.
  10. 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.

  11. 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.