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Terms & conditions

Recent Changes to these Terms:

Terms effective on: April 15, 2019
Version Number: 1.0
We changed sections: N/A

Welcome!

Welcome to TimeCaps. Before you start using our services there are some important things you need to know. These are our Terms of Use (which we call the “Terms”), please read them carefully as they are the rules that govern the relationship between you and us and form a legally binding contact.

Before we make our products and services (which we call the “Services”) available to you, you must accept these Terms, which includes anything referred to within these Terms such as our Privacy Policy and Cookie Policy. If you do not accept these Terms then you must not use our Services.

Our Terms may change over time, we try to make it easy for you to see what has changed so you can decide if you want to accept the changes and keep using our Services. We do this in 3 ways:

  1. We show you our Terms and other important things such as our Privacy Policy, and ask you to accept them when you first create your account.
  2. If we make any important changes to the Terms we show these to you and ask you to accept them the next time you use our Services.
  3. We make it easy to see what changed and when, in our "Recent Changes to these Terms" section at the top of these Terms.

In these terms, where we say you cannot, must not or will not do a particular action this also means that you must not enable, allow or permit anyone else to do it either.

These Terms apply to all our users worldwide but there may be local laws that also apply specifically to you. These local laws depend on where you live and we do not know what these might be or how they might help or affect you. To find out about these try contacting a citizen's advice centre or a friendly lawyer.

Our Services are not aimed at business users but if you are using the services on behalf of a business, then your business will be bound by the arbitration section that appears later in these Terms.

  1. Who are we and how can you contact us?

    1. We are TimeCaps Ltd. but in these Terms we refer to ourselves as "TimeCaps" or "we / us / our". We are a company registered in Malta. Our company registration number is C90165 and our registered office is Level 3 (Suite No.2337), Tower Business Centre, Tower Street, Swatar, Birkirkara, BKR4013, Malta.
    2. You can contact us by writing to us at [email protected].

  2. What are our Services?

    1. TimeCaps is a social media application where you can create video content and share it with friends at a time set by you. One of our special features is that you can create content that can be shown on a specific date and time in the future chosen by you! TimeCaps allows you to create personal content, to see other users content and invite friends to join in the fun.
    2. When we use the word “Capsule” in these Terms, we are specifically referring to our Service which allows users to generate content that includes the time, description, media file (video), video preview, comments, likes, subscribed users, owners, locked/unlocked status and delete option from timeline/feed.

  3. Who can use our Services?

    1. You must be at least 13 years old to create an account and use our Services.
    2. In accepting these Terms and using our Services you make a legally binding promise to us that you:
      1. will comply with these Terms and all applicable laws, rules, and regulations;
      2. are not a convicted sex offender;
      3. are not prevented from using our Services under the laws of the United Kingdom, or any other applicable jurisdiction (such as the country you live in);
      4. have not been barred, banned or had your account disabled by us because you have breached these Terms (including previous versions of these Terms); and
      5. are freely able to accept these Terms and enter into a contract with us including granting to us all the rights and licences etc. referred to below.

  4. Your TimeCaps Account

    1. You are responsible for keeping your account safe and secure, and:
      1. you must keep all user identification codes, passwords or any other piece of information used in our security procedures confidential. You must not give them to anybody else; and
      2. if you know or suspect that anyone other than you knows your user identification code or password, you must tell us as quickly as possible at [email protected].
    2. You agree that you will not:
      1. buy, sell, lease or rent access to your account, Capsules or a friend link without our written permission;
      2. log in or attempt to access our Services through unauthorized third-party applications or clients; or
      3. create more than 1 account without our written permission.
    3. You promise that all the information you give us to set up your account is accurate, truthful and not misleading or fraudulent in any way.
    4. We have the right to disable any user account identification code or password, whether chosen by you or allocated by us, at any time, if we believe you have failed to keep your account secure.

  5. Using our Services:

    1. To help us keep our Services safe, secure and open to all our users we require that you follow these rules:
      1. You must not use our Services for any purpose that is illegal or prohibited in the Terms or by any applicable laws;
      2. You must not use any robot, spider or other automated means or interface to access our Services or extract other users' information;
      3. You will not use or develop any third-party applications that interact with our Services or other users’ content or information without our written consent;
      4. You must not use our Services in any way that could interfere with, disrupt, affect negatively, or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden, or otherwise impair the functioning of our Services or our security;
      5. You must not access or try to access another user's account;
      6. You must not upload viruses or other malicious codes or otherwise compromise the security of our Services;
      7. You must not probe, scan, or test the vulnerability of our Service or any system or network that our Services operate on;
      8. You must not encourage or promote any activity that violates these Terms or any applicable laws.
    2. We retain all rights not expressly granted to you in these Terms, in particular you must not:
      1. use our branding, logos, designs, photographs, videos or any other materials or intellectual property used in our Services;
      2. copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of our Services or the content except as permitted by us in these Terms; or
      3. use our Services, including any tools provided by us, or any content on our Services for any commercial purposes without our consent.

  6. Providing a safe and respectful environment for you and other users

    1. We are committed to making our Services a fun, safe and respectful environment for all our users, to enable us to do this we require that you must not use our Services in any way that:
      1. promotes, solicits, encourages or condones pornography, graphic violence, threats, hate speech or incitements to violence;
      2. violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual-property rights;
      3. bullies, harasses, or intimidates any person;
      4. threats to harm a person, a group of people, or someone’s property;
      5. encourage violence or animal abuse;
      6. glorifies self-harm, including the promotion of self-injury or eating disorders;
      7. impersonates people, celebrities, brands or other organizations with the intention to mislead any other person, viewer, or user;
      8. is offensive, defames or promotes discrimination or violence including on the basis of race, ethnicity, national origin, religion, sexual orientation, gender identity or disability;
      9. spams or solicits other users;
      10. promotes illegal activity including (but not limited to) sexual content, buying or selling illegal drugs, contraband, counterfeit goods or weapons (whether legal or illegal); or
      11. promotes, enables or encourages any activity connected with terrorism.

  7. Your Privacy

    1. Your privacy is very important to us. Find out how we handle your personal data when you use our Services by reading our Privacy Policy.
    2. We try to keep any information you send using our Services safe and secure by encrypting API keys, hashing password, using secure cloud storage with decentralized system and backup software, please be aware that internet transmissions are never 100% private or secure and that any information you send could be intercepted and read by others even if encrypted.

  8. Your Rights under these Terms

    1. We grant to you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable licence to use the Services in strictly in accordance with these Terms.
    2. We reserve (and by this we mean we keep and do not transfer to you) all other rights in the Services.
    3. In particular you may not:
      1. rent, lease, sub-license, loan, provide, or otherwise make available, the Services in any form, in whole or in part to any person without prior written consent from us;
      2. copy the Services, except as part of the normal use of the Services or where it is necessary for the purpose of back-up; or
      3. translate, merge, adapt, vary, alter or modify, the whole or any part of the Services nor permit the Services or any part of them to be combined with, or become incorporated in, any other programs.

  9. Rights you give to us under these Terms

    1. Our Services allow you to create, upload, post, send, receive, comment and store digital content in Capsules. When you create a Capsules, you retain the same ownership rights you had to the content you put into the Capsule, and by putting content into a Capsule you give us certain permissions depending on how you shared it, we call these "Private Capsules" and "Public Capsules".
      1. Private Capsules can only be seen by the person(s) you sent them to:
        1. You give us a worldwide, royalty-free, sublicensable, and transferable licence to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that Private Capsules (or any part of them) for as long as you use the Services. This licence is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones.
        2. We promise that we will not disclose, share or use your Private Capsules with any third parties without your consent (except if they breach these Terms).
      2. Public Capsules can be seen by everyone and may show up in search engine results:
        1. In addition to giving us the same rights as for Private Capsules, you also give us a licence to create derivative works from, promote, exhibit, broadcast, syndicate, sublicence, publicly perform and publicly display Public Capsules in any form and in any and all media or distribution methods (now known or later developed). To the extent it’s necessary, when you appear in, create, upload, post or send Public Capsules, you also grant us and our affiliates and business partners the unrestricted, worldwide right and licence to use your name, likeness, and voice.
    2. We reserve the right to delete Capsules:
      1. if we reasonably believe they violate these Terms, or
      2. to comply with our legal obligations. However, you alone remain responsible for the content in any Capsules you create, upload, post, send or store through our Services.
    3. In order to provide our Services for free to you the Services may contain advertisements. In consideration for us letting you access and use the Services, you agree that we, our business partners, affiliates and third party advertisers may place advertisements on our Services, including personalised advertising. Advertisements may sometimes appear near, over or in your timeline/feed.

  10. User-generated content is not approved by us

    1. The Services may include information and materials uploaded or sent by other users. This information and these materials have not been verified or approved by us and is the sole responsibility of the person that sent or uploaded it. The views expressed by other users on our Services do not represent our views or values.
    2. You agree that you may view content that might be offensive, illegal, misleading, or otherwise inappropriate, and we are not responsible for this.
    3. We reserve the right to review all content uploaded or sent on the Services and to remove any content that violates these Terms or the law.
    4. If you wish to complain about information and materials uploaded by other users please contact us at [email protected] or by going to timecaps.com/help-and-support

  11. We are not responsible for third parties appearing on our Services

    1. Our Services may contain links, features, services or functionality operated and made available by independent third parties (i.e. not provided by us). Any independent third parties are not under our control and we have not checked and approved their content, terms and conditions or their privacy policies (if any).
    2. You will need to make your own judgement to decide if you want to use any third party links, features, services or functionality; including whether to buy any products or services offered by them.
    3. We are not responsible or liable for anything that happens because you have chosen to use any third party links, features, services or functionality.

  12. If someone else owns the phone or device you are using

      If you download or otherwise use the Services on any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

  13. Data Charges

      You are responsible for any mobile operator, telephone or internet service provider charges that you may incur by using our Services. This may include text-messaging (such as verification of your phone number) and data charges. You can ask your service provider for more information about what they may charge you.

  14. Changing your device or phone number

    1. If you change your device but keep your phone number, you can log into the Services by authorising using a 6 digit code that will be sent to your phone via SMS.
    2. You are responsible for keeping your account up to date. If you do not keep your account up to date, we are not responsible for anything that happens because Capsules are sent to devices or phone numbers that no longer belong to you.

  15. Changes to the Services and updates to our apps

    1. We are always trying to make our Services better, so from time to time we may automatically update our apps and change the Services to improve performance, add (or remove) new features, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update our apps for these same reasons.
    2. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using our apps and the Services.
    3. We may also suspend or stop the Services altogether.
    4. We will try to tell you before we make any changes (particularly if they are big ones) but this may not always be possible.

  16. We may suspend or withdraw our Services

    1. We do not guarantee that our Services, or any content on them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Services for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
    2. Although we make reasonable efforts to update the information on our Services, we make no representations, warranties or guarantees, whether express or implied, that the content on our Services is accurate, complete or up to date.

    3. THE SECTIONS BELOW IN BOLD ARE IMPORTANT AS THEY LIMIT OUR LIABILITY TO YOU AND SET OUT YOUR LIABILITY TO US, PLEASE READ THEM CAREFULLY.

  17. When we do not limit our liability to you

    1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so (either under English law or the laws of your home country). This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
    2. If the laws of your country do not allow us to limit our liability set out in these Terms then the effect of the offending clause shall be limited to the extent permitted by the laws of your country.
    3. If the laws of your country require us to do certain things that we have excluded in these Terms, we still have to comply with the laws of your country.

  18. Limitation of our liability to you

    1. We exclude all implied conditions, warranties, representations or other terms that may apply to our Services or any content on it.
    2. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
      1. use of, or inability to use, our Services;
      2. other users, third party content and in particular under section 10 (User-generated content is not approved by us); or
      3. use of or reliance on any content displayed on our Services.
    3. In particular, we will not be liable for:
      1. loss of profits, sales, business, or revenue;
      2. loss of or unauthorised access to data;
      3. business interruption;
      4. loss of anticipated savings;
      5. loss of business opportunity, goodwill or reputation; or
      6. any indirect or consequential loss or damage.
    4. Our total liability to you in respect of any claims you may have relating to our Services is limited to €100 or the total amount you have paid for the Services in the last 12 months, whichever is the larger amount.

  19. You agree to Indemnify us

    1. You agree, to the extent permitted by law, to indemnify us against any complaints, charges, claims, damages, losses, costs, penalties, liabilities and expenses (including legal fees) arising out of, or in connection with:
      1. your access to or use of the Services;
      2. your content; and
      3. your breach of these Terms.

  20. Ending your contract with us

    1. We hope that you will enjoy using our Services for many years to come but you can end your contract with us at any time by deleting your account and deleting our apps from your devices (you must do both to end your contract).
    2. We can always end your contract immediately:
      1. if you have not complied with these Terms, including the rules you agreed to follow and the promises you made to us;
      2. if you have not complied with any laws that apply to you;
      3. if we cannot provide the Services because of reasons outside our control.
    3. We can end your contract for any reason by giving you 7 days' notice.
    4. Regardless of who ends your contract:
      1. Your account will be deleted and we will not be liable for the loss of any data (including photos, videos, text or other information) stored in your account.
      2. You will not be able to access the Services.
      3. If we are allowed to by your app store we may remotely access your devices and remove our apps from them.
      4. You and we will continue to be bound by sections 5, 6, 8.3 , 9, 11, 17, 18, 19, 23, 24, 25, 26 and 27 of these Terms.

  21. Transferring your contract to someone else

    1. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Terms.
    2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

  22. No rights for third parties

      These Terms do not create or confer any third-party beneficiary rights.

  23. If a court finds part of these Terms illegal, the rest will continue in force

      Each of the provisions of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining provisions will remain in full force and effect.

  24. Even if we delay in enforcing this contract, we can still enforce it later

      Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

  25. Entire Agreement

      This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements and understandings between them relating to its subject matter.

  26. Which laws apply to this contract and where you may bring legal proceedings

    1. These Terms any claims and disputes (whether contractual or otherwise) arising out of or relating to these Terms or their subject matter are governed by laws of England and Wales.
    2. The courts of your home country may not apply the laws of England and Wales to some disputes related to these Terms. If this is the case, the laws of your home country may apply to those disputes.
    3. You and we both agree that unless prohibited by the laws of your home country (and subject to section 27 (If you are a Business) that all claims and disputes (whether contractual or otherwise) arising out of or relating to the Terms or the use of the Services will be brought exclusively in the courts of England.

  27. If you are a Business:

    1. If you are using the Services on behalf of a business or in any other manner other than for personal use, you agree that:
      1. you are authorised to agree to these Terms and enter into a legally binding contract with us on behalf of the business or entity;
      2. to the extent permitted by law, all claims and disputes between us arising out of or relating to these Terms or the use of the Services will be finally settled under the UNCITRAL Arbitration Rules, which are incorporated by reference into this clause. The arbitration will be conducted by CEDR. There will be one arbitrator (to be appointed by the CEDR in the absence of agreement between the parties), the arbitration will take place in London, and the arbitration will be conducted in English. If you do not agree to this clause, you must not use the Services.
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