Term of Service – EssentialCapture Inc.

Terms of Service

Last updated: June 27, 2021

Please read the following Terms of Service (“Terms”) carefully before using the https://essentialcapture.net website, products, and services, software and mobile application (together the “Service”) offered by EssentialCapture Inc., a company registered in the State of California (“EssentialCapture”, “us”, “we”, or “our”).

1. Acceptance of Terms

These Terms as a whole is a legal document which sets out your rights and obligations and those of us. Your access to and use of the website and Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the website and/or Service. By accessing or using the website and/or downloading/installing the Service you acknowledge and agree to be bound by these Terms. If you disagree with any part of these Terms then you may not access the website and/or use the Service. Furthermore, by downloading or installing software or mobile application of our Service from Apple Store, Google Play Store or Microsoft Store, you accept and agree to the respective terms and policies of the above third-party online stores.

2. Service

EssentialCapture is providing this Service on an “As Is” and “As Available” basis without representation or warranty of any kind. We are doing our best to meet your needs and ensure the security and consistency of the Service. However, we are unable to foresee at all times some legal and technological risks including but not limited to service interruption, hackers’ attack, viruses, data loss, etc. You hereby acknowledge and confirm that you use the Service at your own risk, except as otherwise provided by law. EssentialCapture does not guarantee as to the continuous availability of the Service or of any specific feature(s) of the Service, however, we will do our best to do so. EssentialCapture will inform you of any significant changes to the Service it may occasionally make by posting on the website.

3. Information Storage

When you use the Service, the information generated will be stored in your own hard drive or mobile end-device, which will occupy some room on the end-device. As EssentialCapture does not store the information in our server, you acknowledge and agree to store the information relating to use of the Service into your own end-device. You have a choice of how long to store the information in your end-device, ranging from days or months, or keeping it indefinitely. If you accidentally delete the information in your end-device resulting in a loss of information, we will not be able to help you to restore your information as we respect your privacy and do not archive your information, so you are using the Service at your own risk. In order to avoid such loss, you may consider backing up or exporting your information in another storage device such as a hard disk drive, thumb drive, or cloud storage service in addition to your primary end-device. We respect the privacy and personal information of our users and will protect your privacy and personal information in accordance with applicable law, you understand and undertake that you will fully respect the privacy of any other person that you learn, know, receive or have access to, you are reminded that you will fully responsible for the privacy of any other person including your family members for the information generated by you using our Service. You will not capture, generate, collect, duplicate, store, disseminate, share or misuse others’ private information without obtaining their prior permission. If you do so, you are in breach of privacy law, copyright law and other applicable laws which you will solely bear your own legal liability, EssentialCapture will not be liable for your act of breaching the law and any damage caused by you.

4. Third Party Services

Our Service may contain links to third-party websites or services that are not owned or controlled by us which may appear on the website or may be accessible via links; they are provided solely as a convenience to you. EssentialCapture does not endorse or recommend any content of such services or linked sites. Any such activity, and any terms, conditions, warranties or representations associated with such services, is solely between you and the applicable third-party. You acknowledge and agree that in no event shall EssentialCapture be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any service or linked sites. Furthermore, we do not bear any direct or indirect liability for any problem of personal information protection that happens in your using of third-party services or loss caused therefrom and the problem or loss should be borne by you and/or such relevant third party.

5. Privacy

For information about how we collect, use, and share the data we collect from and about you, please see our Privacy Policy which is incorporated by reference into these Terms.

6. Intellectual Property Rights

You acknowledge and agree that EssentialCapture and/or its licensors possesses any and all the lawful rights and interests of our Service, including any intellectual property rights involved in the software and Service. The Service includes work by Google / CC BY 4.0.

SDKs ZIPFoundation Copyright (c) 2017-2021 Thomas Zoechling, and LetterAvatarKit Copyright (c) 2017 Victor Peschenkov under the MIT License. Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

The information in our Service includes but not limited to words, software, audios and videos, photos, diagrams, all contents in advertisements, the commercial information we offer to you, etc., which are all protected under copyright, patent, trademark as well as all other related laws and regulations. You are allowed to use these contents only when you have our authorization; no unauthorized reproduction, modification or compilation of these contents or creation of relevant derivative works are permitted.

7. Modifications

EssentialCapture reserves the right to modify these Terms at any time upon posting. By continuing to use this website and/or Service after any changes are posted, you are signifying your acceptance of the revised Terms, regardless of whether you have reviewed them.

8. Disclaimer

The Service is provided “As Is” and “As Available” and without warranties of any kind either express or implied. To the fullest extent permissible by applicable law, EssentialCapture disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property rights. EssentialCapture does not warrant the accuracy and completeness of the Service provided at this website. EssentialCapture also does not warrant that any functions of the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available is free from viruses or other harmful components. Some jurisdictions may not allow the exclusion of an implied warranty so some of the above exclusions may not apply to you in all circumstances.

9. Limitation of Liability

In no event will EssentialCapture assumes any responsibility for any damages that result from your access to, use of, or inability to use, this Service, or from your capturing of any materials with the Service, even if EssentialCapture or its authorized representative has been advised of the possibility of such damages. Your use of the Service is at your own risk. Neither EssentialCapture shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Service. We will not provide any guarantee of any kind for any unpredictable or uncontrollable technical defect in the Service, service stability and any losses or damages thereby caused, unless otherwise required by laws or regulations. In no event shall EssentialCapture’s total liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to negligence, or otherwise) exceed the amount paid by you, if any, for using this Service in the six months immediately preceding the date of the initial claim made against EssentialCapture or US$100.00. Some jurisdictions may not allow a limitation or exclusion on damages, so the above may not apply in all circumstances. If you are a California resident, you hereby waive California Civil Code §1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” This release includes the criminal acts of others.

10. Indemnification

You agree to indemnify and hold EssentialCapture, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, losses, liability, claims or expenses (including attorneys’ fees), arising out of your misuse of the Service, any violation by you of these Terms, or made against EssentialCapture by any third party due to or arising out of or in connection with your use of the Service, and our necessary expenses of dealing with related matters, such as attorney’s fees.

11. Governing Law; Dispute Resolution

These Terms shall be construed in accordance with and governed by the laws of the United States and by the laws of California notwithstanding its conflicts of law principles. Any dispute arising out of these Terms or the use of the Service shall be initiated and conducted in the state or federal courts of Orange County, California, and you and EssentialCapture consent to the exclusive jurisdiction of such courts. In the event of any controversy or dispute between EssentialCapture and you arising out of or in connection with your use of the Service or these Terms, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law. Any claim under these Terms or the Service must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.

12. Severability

If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, by a competent court, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions contain herein.

13. Questions

If you have any questions about these Terms, please contact us at info@essentialcapture.net.