Last updated: September 2024
These Terms of Use and End User License Agreement (collectively, the "Agreement") constitute a legally binding agreement made between you as a natural person ("you", "your" or "user") and ASAP Visuals, Inc. ("we," "us" or "our"), concerning your access to and use of the PartyCam software application for mobile devices (the "App") on both Android and iOS platforms.
Please read this Agreement carefully before you download, install or use the App. By downloading, installing or using the App, you indicate that you have read, understood, agreed and accepted the Agreement which takes effect on the date on which you download, install or use the App. If you do not agree with this Agreement, you are not authorized to access, download, install or use the App.
We reserve the right, at our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of this Agreement. It is your responsibility to periodically review this Agreement to stay informed of updates. You will be subject to, and will be deemed to have accepted, the changes in any revised Agreement by your continued use of the App after the date such revised Agreement is posted.
The App is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the App.
PartyCam is a virtual disposable camera app that allows users to create photo-sharing events for parties, weddings, and other gatherings. Event creators can share a QR code or link with guests, enabling them to join a camera experience where they can take photos. These photos are then uploaded to a shared gallery, which can be made available to all participants or only to the event creator, based on the creator's preferences.
We grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the App for your personal, non-commercial purposes strictly in accordance with this Agreement.
You agree not to engage in any of the following prohibited activities:
The App and its entire contents, features, and functionality are owned by ASAP Visuals, Inc. and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The App uses services provided by Facebook, Firebase, Appsflyer, Amplitude, and Cloudflare. Your use of the App may also be subject to the terms of service and privacy policies of these third-party providers.
The App is provided on a free basis. Once you download the App, you'll have access to its basic features.
Access to some services and/or additional features within the App ("Premium options") requires paid subscriptions.
The full list of Premium options and pricing are provided on the App's page in the Google Play Store and Apple App Store. You may have an opportunity to try Premium options during the free trial period as provided on the signup screen.
After the free trial period expires an auto-renewing subscription period will start on a regular basis. Please mind that you will be charged automatically unless you cancel your subscription 24 hours before the end of the free trial period. When you cancel your subscription you will still have access to basic features of the App.
You can choose different subscription options. Prices for different subscription options are indicated in the Information section of the App's page. Prices are in U.S. dollars and may vary in countries other than the U.S. You will have all necessary information about your subscription plan and duration of the free trial period on the signup screen before the purchase.
Subscription with a free trial period will automatically renew to a paid subscription. Any unused portion of the free trial period, if offered, will be forfeited when the user purchases a subscription, where applicable. We reserve the right to modify, terminate or otherwise amend our offered subscription plans at any time.
Your subscription will be automatically renewed within 24 hours before the current subscription ends.
For iOS users: The auto-renew option can be turned off in your iTunes Account Settings at least 24 hours before the current subscription ends. Payment will be charged to your iTunes Account at confirmation of purchase.
For Android users: The auto-renew option can be turned off in your Google Play Store account settings at least 24 hours before the current subscription ends. Payment will be charged to your Google Play account at confirmation of purchase.
No cancellation of the current subscription is allowed during the active subscription period. Subscriptions are managed by you. Please note that removing the App from your device does not deactivate your subscription.
You may be charged by your communications service provider for downloading and/or accessing the App on your mobile phone or tablet device, so you should check the terms of agreement with your operator. This may include data roaming charges if you do this outside your home territory. All these charges are solely your responsibility. If you do not pay the bills related to your mobile phone or tablet device, then we assume that you have the permission from the person that does it before incurring any of these charges.
The App offers the following subscription tiers:
Note: The Google Play Product IDs for Android may differ. Please refer to the Google Play Store listing for the exact identifiers for Android devices.
THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ASAP VISUALS, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ASAP VISUALS, INC. MAKES NO WARRANTY THAT (I) THE APP WILL MEET YOUR REQUIREMENTS, (II) THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE APP WILL MEET YOUR EXPECTATIONS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ASAP VISUALS, INC., ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APP; (III) ANY CONTENT OBTAINED FROM THE APP; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify, and hold harmless ASAP Visuals, Inc., its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Agreement or your use of the App, including, but not limited to, your User Contributions, any use of the App's content, services and products other than as expressly authorized in this Agreement or your use of any information obtained from the App.
This Agreement shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Any legal action of whatever nature brought by either you or us shall be commenced or prosecuted in the state and federal courts located in California, United States, and you and we hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
No waiver of by ASAP Visuals, Inc. of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ASAP Visuals, Inc. to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.
We may terminate or suspend your account and bar access to the App immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of this Agreement. Upon termination, your right to use the App will immediately cease.
The Agreement constitutes the entire agreement between you and ASAP Visuals, Inc. regarding your use of the App and supersedes any prior and contemporaneous written or oral agreements between you and ASAP Visuals, Inc.
If you download the App from Google Play, you agree to comply with its Terms of Service in addition to these Terms.
If you download the App from the Apple App Store, you agree to comply with its Terms of Service in addition to these Terms. Additionally:
If you have any questions about this Agreement, please contact us at [email protected].
By using the App, you acknowledge that you have read and understood this Agreement and agree to be bound by its terms and conditions.