Last Updated: December 9th, 2024

Welcome and thank you for allowing Notifycam and its affiliates to help provide and improve its products and services. When you visit or use the Notifycam website or the Notifycam mobile platform (both the “Application”), these Terms of Use (“Terms”) govern your access and use of Notifycam products and services through any country.

PLEASE READ THROUGH THESE TERMS CAREFULLY. BY USING OR ACCESSING NOTIFYCAM, YOU HAVE AGREED TO THESE CONDITIONS

By proceeding to use and access Notifycam, you have agreed to adhere to these Terms of Use. This forms a contractual relationship between you (the “User”) and Notifycam. If you do not agree with any of the Terms, you may not use or access Notifycam. These Terms directly and entirely override any previous terms or conditions disclosed by Notifycam, and/or agreed upon by Notifycam and The User. Notifycam retains the ability to amend to and update these Terms. In the event of an inconsistency between these Terms and other disclosures or agreements provided by Notifycam, these Terms will control.

Privacy

We collect and use information to improve our products and services. You may find more detailed information on this topic in ourPrivacy Notice, which also constitutes an agreement between the User and Notifycam. In agreeing with these Terms, The User acknowledges to also have read and agreed with the Privacy Policy.

The Services

Notifycam provides a platform (“Notifycam Platform") that includes but is not limited to the Application.

License

Subject to your compliance with the Terms, Notifycam or its affiliates grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make non-commercial use of the Notifycam Platform. Any rights not explicitly mentioned in the Terms are reserved by Notifycam and its licensors.

User Accounts

As a requirement of using the Service you must register an account (“Account”). In doing so, you agree that you are the age of legal majority in your legal jurisdiction and that all information you provided is accurate, complete and up to date. A part of the process of registering an Account may include providing a valid payment method. This includes, but is not limited to bank account information, debit card information, and credit card information. Notifycam may use third-party payment services that comply with Payment Card Industry Data Security Standards to facilitate transactions between Notifycam and the User. Failing to provide and update User provided information may result in the inability to access the Account or use Notifycam. Further Notifycam can at any point sever these Terms with you, the User. If charging your selected payment method has issues, Notifycam retains the right to charge any additional payment method you associated to your Account. You agree that your User Account activity is entirely your responsibility and you agree to maintain the security and secrecy of your Account username, password, email and phone number. As a Notifycam User you may not create more than one Account, unless otherwise permitted in writing by Notifycam.

User Provided Content

You agree to not provide any material that is hateful, pornographic, illegal, libellous, obscene, or infringing of intellectual property. If any content meets these conditions, or any other additional conditions not explicitly stated, Notifycam reserves the right to disable or remove an Account and/or prevent future Account access by a User. This will be at Notifycam’s sole discretion. Your user provided content remains your property and responsibility. Though, in providing this content, you are granting Notifycam a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public by telecommunications and display such content throughout the world in any media for all purposes, including in advertising and promotions. Notifycam assumes no liability or responsibility to monitor this user provided content.

Pricing

Notifycam reserves the right to modify its fee for use of the Notifycam Platform, before, during or after the sale without notifying either party. Also, Notifycam may enforce a specific fee and not allow the User to contribute to this decision. The User agrees to adhere to taxation policies in the User’s legal jurisdiction.

Product Availability

The User agrees that if they purchase subscription plan listed on the Notifycam Platform, then there is an associated risk that they are willing to accept that the Application may not meet the User's expectated availablility or uptime. By signing up for the Notifycam Platform, the User acknowledges that Notifycam is not bound by any Service Level Agreement, unless otherwise agreed upon in writing. In the case that there is reasonable downtime incurred during the User's account holdership, Notifycam is not responsible for refunding or returning the product or prorated subscription fee during this period.

Indemnity

You agree to indemnify and hold Notifycam and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Service, the Application or services or goods obtained through your use of the Service or Application; (ii) your breach or violation of any of these Terms; (iii) Notifycam's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers, Third Party Contractors, and Third Party Payment Processors.

Disclaimers and Limitation of Liability

CERTAIN JURISDICTIONS PREVENT THE LIMITATION OF WARRANTIES AND CONDITIONS OF LIABILITY EXCLUSION. IF THIS APPLIES TO YOU, SOME OR ALL OF THE FOLLOWING LIMITATIONS OF LIABILITY, DISCLAIMERS, DISCLOSURES, AND EXCLUSIONS MAY NOT APPLY TO YOU. THE Notifycam PlatformS AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND TECHNOLOGY PLATFORMS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Notifycam PlatformS ARE PROVIDED BY NOTIFYCAM ON AN "AS IS" AND "AS AVAILABLE" BASIS. NOTIFYCAM DOES NOT WARRANT THAT THE SERVICES IT PROVIDES, INFORMATION AND USER CONTENT IT DISPLAYS, Third-Party VendorS’ SERVICES, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Notifycam PlatformS ARE FREE OF HARMFUL OR RISKY COMPONENTS. NOTIFYCAM WILL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING PERSONAL INJURY, PROPERTY DAMAGE OR ANY KIND ARISING FROM THE USE OF ANY Notifycam Platform. THIS INCUDES DAMAGES PERTAINING TO ANY INFORMATION, CONTENT, MATERIALS, TECHNOLOGY PLATFORMS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY Notifycam Platform, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. EVEN IF NOTIFYCAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOTIFYCAM SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICES. THIS INCLUDES ANY INABILITY TO ACCESS OR USE THE SERVICES. NOTIFYCAM IS NOT LIABLE OR RESPONSIBLE FOR FULFILLING ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTIFYCAM MAY PROVIDE A SERVICE TO YOU IN PROVIDING THE CONNECTION TO A THIRD-PARTY SERVICE PROVIDER THAT CAN BE USED TO DELIVERY GOODS AND MATERIALS, BUT YOU AGREE NOT TO HOLD NOTIFYCAM LIABLE OR RESPONSIBLE FOR THE RENDERING, COMPLETION, FULFILLMENT, INCURRED DAMAGE, COSTS, SCHEDULING, PRICING, AND OTHER RESULTS OF THE DELIVERY OF THESE GOODS AND MATERIALS.

Disputes

Any dispute, claim, legal conflict or controversy relating to your use of the Notifycam Platform or any products or services sold or distributed by Notifycam, or in connection to these Terms, including its validity, creation and legality shall be resolved through binding arbitration, instead of court, unless otherwise agreed upon by both parties. The arbitrator must follow these Terms as court would. You and Notifycam both agree that if any dispute resolution proceedings are conducted, then it will occur on an individual basis and not in a class, consolidated or representative action. If binding arbitration does not occur for any reason, then both yourself and Notifycam waive the any right to a jury trial.

Distribution of the Terms

You may not transfer, distribute, or copy these Terms whole or in part, without the explicit written pre-approval by Notifycam.