TERMS AND CONDITIONS OF THE APP
IMPORTANT – READ CAREFULLY
THESE TERMS OF SERVICE (“TOS”) ARE A LEGAL AGREEMENT BETWEEN YOU (“USER” or “YOU”) AND TAMAGGO ENTERPRISES SA (“TAMAGGO”) FOR THE TAMAGGO 360LIVECAM APPLICATION AND ANY RELEVANT SOFTWARE OR DOCUMENTATION THEREOF (COLLECTIVELY THE “SERVICE”) PROVIDED BY TAMAGGO OR ITS SUPPLIERS OR LICENSORS. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICE OR BY UPLOADING OR POSTING ANY CONTENT (AS DEFINED BELOW) ON THE SERVICE, YOU ARE EXPRESSLY ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TOS AS UPDATED FROM TIME TO TIME, WHETHER OR NOT YOU HAVE REGISTERED ON OR THROUGH THE SERVICE. IF YOU DO NOT AGREE TO THE TOS, THEN DO NOT INSTALL OR USE THE SERVICE.
1. SERVICE INTRODUCTION
Tamaggo 360LiveCam Application will allow you to remotely control and manage your Tamaggo 360LiveCam with your smartphone or tablet via Wi-Fi and BLE. You can use Tamaggo 360LiveCam Application to remotely record, preview, manage and share 360 contents on social media and directly through web links.
Availability and features of this Tamaggo 360LiveCam Application may differ by smartphone models, OS versions and countries.
2. ACCOUNT REGISTRATION
To access or use certain features of the Service you may be required to create an account (“Account”) and become a “Registered User”. To register, you will be required to provide certain information. By registering, you agree to provide accurate, up-to-date and complete information during the registration process and at other times when you use the Service. Tamaggo reserves the right in its sole discretion to refuse to keep Accounts for, or provide services to, any individual. Tamaggo can suspend or terminate your Account if any information provided during the registration process or at other times proves to be inaccurate, not up-to-date or incomplete.
3. OWNERSHIP AND INTELLECTUAL PROPERTY
The Service and its content are protected by copyright, trademark, and other laws. Unless otherwise provided in these TOS, Tamaggo and its licensors exclusively own all right, title and interest in and to the Service and its content, including all associated intellectual property rights. The user of the Service shall not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights incorporated in or accompanying the Service or Content These TOS and your use of the Service do not grant you any ownership interest in or to the Service, and you are granted only a limited license that is revocable in accordance with the terms of these TOS.
Certain portions of the Service may be subject to open source licences, in which the terms of such open source licenses may precede these TOS with respect to that portion of the Service.>/span>
4. LICENSE TO USE THE SERVICES
Subject to the terms of these TOS, you are granted a limited, non-exclusive, and revocable license to install, access and use the Service. The Services and features provided by the Services or Update (define below) thereto may vary or be limited depending on certain factors, including, without limitation, your country, device, operating system, or network operator. If you are under the age of 18, you agree that you have reviewed these TOS with your parent or legal guardian and that you and your parent or guardian understand and consent to the terms and conditions of these TOS. If you are a parent or guardian permitting a person under the age of 18 (« Minor ») to use the Service, you agree to : (i) assume all risks associated with the Minor’s use of the Service ; (ii) assume all risks associated with the Minor’s use of the service ; (iii) assume any liability resulting from the Minor’s use of the Service ; (iv) ensure the accuracy and truthfulness of all information submitted by the Minor ; and (v) assume responsibility and are bound by this Agreement for the Minor’s access and use of the Service.
5. RESTRICTIONS IN THE USE OF THE SERVICE
You shall not:
(i) use the Service to reproduce copyrighted materials, or materials you do not have the right or legal approval for reproduction;
(ii) post, upload, publish, submit or transmit any content (including any links) trhougt the Service that: (a) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (b) is fraudulent, false, misleading or deceptive; (c) is defamatory, obscene, pornographic, vulgar or offensive; (d) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (e) is violent or threatening or promotes violence or actions that are threatening to any other person; or (f) promotes, demonstrates or constitutes illegal or harmful activities or substances;
(iii) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or algorithms of the Service;
(iv) modify or disable any features of the Service;
(v) create derivative works based on the Service;
(vi) rent, lease, lend, sublicense, or provide commercial hosting Services with the Service;
(vii) infringe our intellectual property rights or those of any third party in relation to you use of the Service (to the extent that such use is not licensed by this Agreement;
(viii) use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these TOS, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Service or any operating system;
(ix) use the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
(x) collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service.;
(xi) send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
(xii) collect or store any personally identifiable information from the Service concerning other users of the Service without their express authorisation.
6. UPDATE, CHANGE OR SUSPENSION OF THE SERVICE
Tamaggo may, at any time, provide or make available updates or upgrades to the Service (« Updates ») including without limitation bug fixes, Service enhancements, new features, deletion of existing functions, or modification of the Service. Updates will be governed by these TOS unless separate terms and conditions are provided with such Updates, in which case that separate terms and conditions shall govern the Updates. Updates for security software or critical bug fixes or other important Updates may be automatically downloaded and installed given the importance of receiving such Updates in a timely manner.
Tamaggo expressly reserves the right to change, suspend, remove, limit the use of or disable the access to the Service or any portion thereof at any time without notice or liability.
7. THIRD PARTY SERVICES AND CONTENT
9. DATA ACCESS
Some features of the Service may require your mobile device to have access to the internet and may be subject to restrictions imposed by your network or internet provider. The Service may require access through your mobile network, which may result in additional charges depending on your payment plan. In addition, your enjoyment of some features of the Service may be affected by the suitability and performance of your device hardware or data access.
10. CLOUD USAGE
Tamaggo grants you the right to use the Tamaggo’s cloud services (“Cloud Services”) that are accessible through Tamaggo 360LiveCam Application for storage and sharing purposes. The Cloud Services provide the ability to upload content to social networks in a compatible format and to share content through direct web links.
The right to use the Cloud Services are subject to the following limitations:
– Upload of video on social media (such as YouTube and Facebook): 8mn per month;
– Upload of video to share through direct links: 8mn per month;
– Direct link content will be stored for a limited period of time (advised from the app when link is shared). Content will be deleted after such period has expired;
– Direct links can be opened by 500 viewers maximum.
Each month user allocation will be reset at the end of the month. Data allowance that has not been used by users will not be transferred to the following month.
User will be able to upgrade to higher sharing capabilities by subscribing to data packages on https://store.tamaggo.com.
11. COMPLIANCE WITH LAW
You acknowledge and agree to comply with any and all applicable laws and regulations in using the Service including without limitation, all applicable export restriction laws and regulations.
These TOS are effective until terminated. You can terminate these TOS by ceasing the use of the Service, and uninstalling, deleting and returning all related software, documentations and other materials provided by Tamaggo, including backup copies thereof. Should you not comply with these TOS, Tamaggo will be able to automatically terminate the TOS without notice. Upon termination of these TOS, you must immediately cease all use of the Service.
Tamaggo reserves the right to modify, discontinue or terminate the Service or to modify these TOS. Tamaggo will post the modification on its website or via the Service or provide you with notice of the modification by email. By continuing to access or use the Service after such modification, you acknowledge that you agree to be bound by the modified TOS. If the modified TOS are not acceptable to you, your only recourse is to cease using the Service.
14. DISCLAIMER OF WARRANTY
To the maximum extent permitted by applicable law, the Service is provided « as is » and on an « as available » basis, without warranties of any kind from Tamaggo, either express or implied. To the maximum extent permitted by applicable law, Tamaggo disclaims all warranties expressed, implied, or statutory, including, but not limited to, implied warranties of merchantability, satisfactory quality or workmanlike effort, fitness for a particular purpose, reliability or availability, accuracy, lack of viruses, quiet enjoyment, non-infringement of third party rights or other violation of rights. Some jurisdictions do not allow exclusions or limitations of implied warranties, so the above exclusions or limitations may not apply to you. No advice or information, whether oral or written, obtained by you from Tamaggo shall be deemed to alter this disclaimer of warranty by Tamaggo regarding the Service, or to create any warranty of any sort from Tamaggo.
15. LIMITATION OF LIABILITY
Tamaggo will not be liable for any damages of any king arising out of or relating to the use or the inability to use the Service, its content or functionality, including, but not limited to, damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, failure to connect, network charges, and all other direct, indirect, special, incidental, exemplary or consequential damages even if Tamaggo has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions or limitations may not apply to you. Notwithstanding the foregoing, Tamaggo’s total liability to you for all losses, damages, causes of action, including but not limited to those based on contract, tort or otherwise, arising out of your use of the Service, or any other provision of these TOS, shall not exceed the amount you paid Tamaggo specifically for this service. The foregoing limitations, exclusions and disclaimers in these TOS shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
You agree to indemnify, defend and hold harmless Tamaggo, its contractors, employees, and agents from any claims, losses, damages, liabilities (including legal fees and expenses) arising out of your use of the Service, your violation of the rights of any third party, or any breach of these TOS.
17. APPLICABLE LAW
These TOS are governed by the law of the jurisdiction where you are a resident, without regard to its conflict of law provisions. These TOS shall not be governed by the UN Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
18. DISPUTE RESOLUTION – READ CAREFULLY
IF A DISPUTE, CONTROVERSY OR DIFFERENCE ARISING IN ANY WAY FROM THESE TOS OR YOUR USE OF THE SERVICE IS NOT AMICABLY SETTLED, THE CLAIMANT MAY CHOOSE EITHER ARBITRATION ACCORDING TO THE EJUST RULES OF ARBITRATION OR THE COMPETENT STATE COURT. THIS CHOICE IS FINAL.
IF TAMAGGO IS THE CLAIMANT AND CHOOSES ARBITRATION, THE USER WILL HAVE THE POSSIBILITY TO ASK THAT THE COMPETENT STATE COURT TO BE SEIZED INSTEAD WITHIN TWO (2) WEEKS AFTER THE RESQUEST OF ARBITRATION AS BEEN SUBMITTED. FAILURE TO DO SO WILL BE CONSIDERED AS AN EXPRESS AGREEMENT TO ARBITRATE.
19. ENTIRE AGREEMENT
These TOS are the entire agreement between you and Tamaggo relating to the Service and supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Service or any other subject matter covered by these TOS. If any provision of these TOS is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.