Terms of Use

Effective date: Feb 7, 2017

Please read these Terms of Use carefully because they govern your access and use of Time Caps. If you do not agree with one or more provisions of this document, you should not use Time Caps.

General information

1. These Terms of Use (the "Terms") constitute a legally binding agreement between the developer of Time Caps, Canhai Chen ("we", "us", and "our"), and an individual user or an entity ("you" and "your") accessing or using the desktop and mobile applications Time Caps (collectively, "Time Caps") and the related website (the "Website").
2. License to use Time Caps. We grant you a worldwide, personal, revocable, non-exclusive, non-transferable, and limited license to use Time Caps pursuant to these Terms.
3. Disclaimer. Although we regularly monitor the information available on the Website and Time Caps, we cannot guarantee the accuracy, reliability, currency, relevance, and completeness of all information available. 
4. Third-party links. Time Caps and the Website may contain links to websites, applications, and other online sources owned and operated by third parties. We are not responsible or liable in any manner for the content of such third-party links, information, and advertisements, as well as the security and privacy practices deployed by the operators of the third-party websites. Please exercise your due diligence before clicking on any of such third-party links or advertisements.
5. Support. Any general requests for customer support should be addressed to us by email at hi.pol.chen@gmail.com or by using the "Contact" functionality available at the Website.
6. Fees. A part of the services provided through Time Caps is subject to the subscription fees (the "Fees"). The Fees remain valid as long as they are indicated on the relevant app store. The Fees are subject to a change without prior notice. Unless stated otherwise, the Fees include all applicable taxes, levies, or duties imposed by taxing authorities.
7. Payment processing. All payments related to Time Caps, including the Fees, are processed by third-party payment processor Apple (the "Processors"). The Processors are solely responsible for handling your payments. We do not collect or process any payments related to Time Caps. You agree not to hold us liable for payments that do not reach us because you have quoted incorrect payment information or the Processors refused the payment for any other reason. Please note that the Processors may collect some personal data from you, which will allow them to make the payments requested by you (e.g., your name, credit card details, payment account information, or any other required personal data). The Processors handle all the steps in the payment process on their websites, including data collection and data processing; please refer to their respective policies for more information.
8. Trial period. You may be offered a trial period by an app marketplace from which you buy Time Caps. For further details, please refer to your chosen marketplace.
9. Refunds. We do not issue refunds for the Fees paid. For individual app marketplaces’ refund policies, please refer to their websites. 
10. Privacy and other relevant terms. The documents that include important provisions regarding your use of Time Caps and the Website should be read and interpreted together with these Terms are Time Caps Privacy Policy and other individual terms and conditions made available by us through Time Caps and the Website.

Intellectual property

1. Our content. Most of the content available on the Website and Time Caps, including all information, source code, data, logos, marks, designs, graphics, pictures, video files, sound files, illustrations, graphics, and similar (collectively, "Our Content") is owned by us, our partners, agents, licensors, vendors, and/or other content providers. Our content is protected by applicable intellectual property laws and international treaties. You are not allowed, without obtaining prior written authorization from us, to copy, distribute, make available, disassemble, make alterations, decompile, reverse engineer, translate, adapt, rent, loan, use, lease, or attempt to grant other rights to Our Content to third parties, or use any manual or automated means to scrape any content available on Time Caps.
2. Our brand. You may not use the brand, the word, or figurative trademarks associated with Time Caps or third-party trademarks without the prior consent of a trademark owner. You are not allowed to use such brands and trademarks in any way that suggests that we sponsor, endorse, or associate with you without obtaining prior written consent from us.
3. Third-party intellectual property. Some of the intellectual property assets, such as third-party trademarks, featured on the Website and Time Caps may be owned by other third parties. Such third-party intellectual property does not belong to us, and it remains the property of the respective third-party proprietors.
4. Copyright infringement claims. If you have any grounds to believe that any content available on the Website and Time Caps violates your or a third party's intellectual property rights, please contact us and express your concerns or request to remove the allegedly infringing content. We will reply to your copyright infringement claim as soon as possible but no later than two weeks. Before sending your claim to us, please make sure that you sign it and include information that would allow us to locate the allegedly infringing content.

Acceptable use policy

1. When using Time Caps, you are required to follow our acceptable use policy outlined in this Section 3. Please be advised that we work closely with law enforcement, and we report any inappropriate content that may infringe applicable laws. You are not permitted to use Time Caps or the Website in any manner that substitutes or contributes to the following activities (the list is representative and not exhaustive):
   • Any unlawful activity, including violation of any laws, statutes, ordinances, or regulations;
   • Any unauthorized access to machines, programs, data, or committing any other forms of cyber offenses;
   • Fraud;
   • Provision of false, inaccurate, or misleading information;
   • Spreading of malware (e.g., viruses, worms, Trojan horses), spam, and other illegal messaging;
   • Spreading ethnically, racially, or otherwise objectionable information;
   • Spreading sexually explicit, libelous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene behavior and terrorism-related content;
   • Copying, distributing, renting, reselling, modifying, compromising, damaging, disabling, impairing, and overburdening Time Caps;
   • Interfering with or abusing other users of Time Caps; Using bots, scripts, and other automated methods; and
   • Collecting and disclosing any information about other users of Time Caps.

Availability and force majeure

1. We put reasonable efforts to ensure that Time Caps and the Website are always accessible to you. However, the availability may be affected by factors, which we cannot control, such as bandwidth problems, equipment failure, acts and omissions of third-parties, or force majeure events, including, but not limited to: acts of God; strikes; work stoppages; accidents; acts of war or terrorism; civil or military disturbances; nuclear or natural catastrophes and interruptions; shortage of supply, breakdowns, loss or malfunctions of utilities and communications or computer (software and hardware) services. We take no responsibility for the unavailability of Time Caps and the Website caused by such factors.

Disclaimer of warranties

1. We provide Time Caps on "as available", "as is", and "with all faults" basis. To the extent permitted by the applicable law, we do not make any representations or warranties about the reliability, suitability, and accuracy, for any purpose, of Time Caps, any content featured on Time Caps and the Website, whether provider by us or by third parties, and hereby disclaim all warranties regarding Time Caps and its operation.
2. It is your sole responsibility to verify and assess the fit for the purpose of Time Caps prior to using it and to decide whether or not Time Caps fits for the intended use.
3. By using Time Caps, you acknowledge that we may use third-party suppliers to provide software, hardware, storage, networking, and other technological services. The acts and omissions of third-party suppliers may be outside of our reasonable control. To the maximum extent permitted by law, we exclude any liability for any loss or damage resulting from the acts and omissions of such third-party suppliers.
4. Nothing in these Terms shall affect any statutory rights that you are entitled to as a consumer and that you cannot contractually agree to alter or waive.

Limitation of liability

1. Unless otherwise excluded or limited by the applicable law, we will not be liable for any damages, including, but not limited to, incidental, punitive, special or other related damages, arising out or in connection with your use of Time Caps, any content made available through Time Caps and the Website, whether provided by us or by third parties, any transactions concluded through Time Caps or use of Time Caps for unauthorized or unlawful purposes. You agree not to hold us liable in respect of any losses arising out of any event or events beyond our reasonable control.
2. This Section 6 shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.

Indemnification

1. You agree to indemnify, defend and hold us, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, your use of Time Caps and the Website, or your violation of any law or the rights of a third party.

Severity

1. In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such a provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected as a result.

Governing law and disputes

1. Governing law. These Terms shall be governed and construed in accordance with the laws of China.
2. Jurisdiction. You agree to resolve any disputes arising out of or relating to these Terms by means of negotiation with us. If the dispute cannot be resolved by means of negotiation, the dispute shall be submitted to the courts in China. This Section 9 does not affect any statutory rights that you are entitled to as a consumer.

Miscellaneous

1. Term and termination. The Terms enter into force on the date indicated at the top of the Terms and remain in force until updated or terminated by us.
2. Amendments. We reserve the right to modify these Terms at any time, effective upon posting of an updated version on the Website. Such amendments may be necessary due to the changes in the requirements of laws, regulations, new features of Time Caps, or our business practices. You are responsible for regularly reviewing these Terms. Your continued use of Time Caps after any changes shall constitute your consent to such changes. We also reserve the right to modify the services provided through Time Caps at any time, at our sole discretion.
3. Breach of the Terms. If we believe, at our sole discretion, that you violate these Terms and it is appropriate, necessary or desirable to do so, we may:
   • Send you a formal warning;
   • Temporarily or permanently prohibit your use of Time Caps;
   • Report you to the relevant public authorities; or
   • Commence a legal action against you.
4. Transfer of rights. You are not allowed to assign your rights under these Terms. We are entitled to transfer our rights and obligations under these Terms entirely or partially to a third party by giving prior notice to you. If you do not agree to the transfer, you can terminate these Terms with immediate effect by canceling the Fees and ceasing to use Time Caps.
5. Merger or acquisition. In the event we, during the term of these Terms, are acquired, merged, or sell all or substantially all of our assets, these Terms shall not automatically be terminated, and we agree to use our best efforts to ensure that the transferee or surviving company shall assume and be bound by the provisions of these Terms.
6. Entire agreement. These Terms, together with the documents referred to therein, represent the entire agreement between you and us regarding your relationship with us and govern your use of Time Caps.

Contact Us

If you have any questions about these Terms, please contact us:

• By email: hi@timecaps.app