To sum up the legal jargon below: 

Life Lapse cannot access what you are creating and does not own the videos you create with it. As a Canadian based company, we pride ourself in being polite. If you share your videos on social media, we get pretty excited and will likely comment and ask "Hey, thanks for using Life Lapse, Love this video, mind if we regram and credit you?". 

If you have any questions regarding the terms of use, please feel free to reach us at hello@lifelapseapp.com. 


These Terms of Use (“Terms”) are hereby effective as of the 9th day of September, 2017. 

These Terms constitute a legally binding agreement between the Company and you concerning your use and access to the Company website at www.lifelapseapp.com  (the “Site”) and your access and use of the mobile application “LifeLapse”, including the content, software and functionality (the “Application”) and the services provided by the Company (the “Services”). 

Please be sure to read these Terms in full as they affect your legal rights, obligations, responsibilities and abilities, including but not limited to: waivers of rights, the Company’s limitation of liability, your indemnity to us, and more. Further, these Terms set forth the mandatory arbitration process you must abide by to bring a claim against the Company. Accordingly, your rights to a trial by and through these Terms are expressly waived by you or any person or persons connected to you through your use of the Site or Application. Further, the remedies which may or may not be owed to you in the event of a dispute via these Terms are also limited in scope and amount. 

ARBITRATION NOTICE: EXCEPT FOR CERTAIN DISPUTES SET FORTH IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. 

  1. Eligibility for Use of the Services

In order to begin or continue use the Services, you must satisfy all of the following requirements: 

  1. You must be at least 13 years of age;

  2. You must have a registered private account with the Company;

  3. All information provided to the company at the time of registration of your private account and any time thereafter is true, current, accurate and complete;

  4. You have not violated and currently are not violating the Terms; and

  5. You have not had a private account which has been terminated by the Company.

  6. Use of the Services

Use of the Services requires registration of a private account, to which you and only you are permitted to register, access and use, except in the case of a business account to which multiple employees or business personnel may access and use. In the case of a business account, all employees and business personnel permitted access to use such business account shall be subject to these Terms. Any violation of these Terms by any employee or business personnel of the business account shall permit the Company to take any action necessary to ensure such violations are stopped, including but not limited to the termination of the account, and any other applicable legal and equitable remedies. 

You hereby represent to the Company that all information provided to the Company upon registration and at any other time is wholly true, current, accurate and complete. Thus, you agree to update the information in order to maintain its truth, completeness and accuracy. 

Your private account is your responsibility. Accordingly, you are responsible for any Content which is uploaded through your private account. Content is defined as any data, text, files, information, usernames, images, graphics, photos, profiles, audio clips, musical works, video clips, works of authorship, applications, links and other content or materials directly or indirectly attributed to your private account. This responsibility shall apply to any Content posted via your private account, comments or other interactions with Content provided by other accounts, and Content which you share through use of the Services with other applications or sites which integrate with the Services (i.e. Facebook, The Company, etc.). 

You must not defame, stalk, bully, abuse, harass, threaten, intimidate or cause directly or indirectly such conduct to occur via your private account, any person, persons or entities. You shall not post any infringing, private or confidential information which is yours, another person or persons, or another entities through the Services, including but not limited to: social security numbers, employment identification numbers, credit card information, private telephone and/or fax numbers, electronic mail addresses.  

You shall not upload any violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, sexually suggestive or pornographic subject matter via or through the use of the Services. 

You shall always abide by and comply with all laws, rules and regulations applicable to your use of the Services. 

You must not change, modify, adapt or alter the Services. Further, you must not change, modify or alter any other website or application to falsely imply that such website or application is associated with the Service or the Company. This means, you shall not include any of the Company’s logos, slogans or designs on any other website or application with the intent to demonstrate an affiliation or association between such website or application and the Company. 

You must not interfere or disrupt the Services or servers or networks connected to the Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way the Services is rendered or displayed in a user's browser or device. 

You must not prevent or attempt to prevent the authorized use of the Services by any other person, persons or entities.

You must not encourage the violations of these Terms by any other person, persons or entities whether or not they or it have a registered private accounts to use the Services. 

Any violations of these Terms, directly or indirectly, shall provide the Company with the sole discretion and authority to immediately terminate your ability to use and access, both now and in the future, the Services. The Company shall be permitted to use any methods permitted by law to ensure that your access and use of the Services is terminated, including without limitation terminating your private account. 

You are responsible for any and all data charges or other charges and fees associated with your use of the Services. 

 

  1. Company Rights and Abilities

The Company reserves the exclusive right to modify or terminate the Services, your access to the Services or both for any reason, at any time, without notice and without liability to you. In the event you wish to terminate your account voluntarily, you may do so at any time. 

In the event the Company terminates your access to and use of the Services, any and all information and Content will no longer be accessible through your account. In other words, any Content created by your private account will no longer be accessible by anyone. The Company may, however, choose to maintain the Content if such Content has been shared across different websites or applications, to which the Company does not access.

Immediately upon termination of your private account, any and all licenses granted to you through these Terms shall cease. 

The Company reserves the right and sole discretion to prevent anyone from access to and use of the Services for any reason at any time. 

The Company reserves the right, but does not have any obligation, to monitor the your Content along with any other person, persons or entities Content, which the Company in its sole discretion deems to violate these Terms. 

During your use of the Services you may from time to time receive communications or links to third-party services, sites and/or features (“Third Party Content”). The Company does not control, maintain or endorse any third party or Third Party Content and any use of Third Party Content, or communication with a third-party, by you is done at your own risk. Accordingly, you expressly acknowledge that the Company is in no way responsible or liable for any Third Party Content or any communication you have with a third-party or a third-party has with you. 

In the event you wish to engage with, register for or communicate with Third Party Content, such interactions shall be strictly between you and that third-party, and strictly done so at your own risk. Further, by and through such interactions as set forth in this paragraph, you agree to the following: (i) in the event you use Third Party Content to share information from your private account, you are consenting to such information being shared; (ii) your use of any and all Third Party Content may result in the public disclosure of personally identifiable information; and (iii) you will hold the Company and any parties related thereto harmless for any activity related to the Third Party Content. 

  1. Trademarks; Copyrights; Other Intellectual Property Licensing

The Company does not claim any ownership in or affiliation with any and all Content created by you through your use of the Services. The Company does, however, through your use of the Services obtain a non-exclusive, royalty-free, transferable and sub-licensable, worldwide license to use your Content in a manner consistent with privacy laws and regulations.

You, by and through your access to and use of the Services are granted a revocable, non-exclusive, non-transferable license to use the Services during the times you abide these Terms or have an active private account. You do not have any license to the Services aside from that which is provided to you through these Terms. 

In accordance with the license provided to you through these Terms, you are restricted from (i) modifying or creating any derivative works of the Services or any parts thereof; (ii) accessing the software, coding, data or any other non-customer facing components of the Services without express written consent of the Company; (iii) removing or altering any trademark, logo, copyright, or other proprietary legends, symbols or labels from any Content. 

You are not permitted to copy, imitate or use, in whole or in part, the Company name, logo or likeness, designs, graphics, button icons and platform displays (“Company Intellectual Property”) without prior written consent of the Company. This Company Intellectual Property, together with any trademarks, service marks, and trade dress of the Company may not be copied, imitated or used, in whole or in part, without the prior written consent of the Company.  

During your access to and use of the Services, you may gain access to content that is owned and/or licensed by the Company (“Company Confidential Information”). Any Company Confidential Information you may gain access to is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and the Company, the Company owns and retains all right, title and interest in the Company Confidential Information and the Services. 

  1. Rights and Representations

By registering a private account with the Company for access to and use of the Services, you hereby represent and warrant (i) the information you provide to the Company in order to create such private account is true, accurate, complete and current, (ii) you have the legal capacity to agree to these Terms as defined by law within the jurisdiction set forth in Section 15, (iii) you are at least 13 years of age at the time you register your private account, (iv) if you are under 18 years of age you have parental consent to agree to these Terms and are permitted access to and use of the Services; (v) you have read the Privacy Policy in full and completely understand the terms therein. 

  1. Changes to Terms

The Company may, in its sole discretion and without notice to you change these Terms (“Updated Terms”) from time to time. Unless a change to these Terms is for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that the Company may notify you of the Updated Terms by posting them via the Services. Any changes which materially impact your use of the Service will be communicated to you via electronic mailor other forms of electronic communication as deemed appropriate by the Company and as provided by you by and through the registration of your private account. You agree that your continued use of the Services will constitute your agreement to any and all Updated Terms. Any and all Updated Terms will supersede these Terms from the effective date set forth at the top of this page.

  1. Disclaimer of Warranties

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY, ITS AFFILIATES, SUBSCRIPTION PROVIDERS, DISTRIBUTORS, SUPPLIERS AND/OR LICENSORS (“COMPANY PERSONNEL”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY, SUBSCRIPTION PROVIDERS, DISTRIBUTORS, SUPPLIERS AND/OR LICENSORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR ON THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY, ITS AFFILIATES, SUBSCRIPTION PROVIDERS, DISTRIBUTORS, SUPPLIERS AND/OR LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, FUNCTIONS OR OTHER CONTENT IN THE SERVICE, THE SITE, OR ANY SITES LINKED TO THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

  1. Limitation of Liability

UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ANY COMPANY PERSONNEL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICES; (B) THE COMPANY CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICES; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY, COMPANY PERSONNEL OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY PERSONNEL HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE COMPANY OR COMPANY PERSONNEL BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE COMPANY AND/OR COMPANY PERSONNEL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED CANADIAN DOLLARS ($100.00).

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE COMPANY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE COMPANY AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE COMPANY.

BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. THE COMPANY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

  1. Indemnification

You agree to indemnify and hold harmless the Company, all Company Personnel, its Content licensors, the Subscription Provider(s), and their respective directors, officers, shareholders, parents, subsidiaries, affiliates, partners, agents, and licensors (collectively, the "Indemnified Parties"), from and against all losses, expenses, damages and costs, including reasonable attorney fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto the Service's servers, and/or from any and all use of your private account in violation of these Terms, violation of intellectual property rights of other parties, or the failure to fulfill any obligations relating to your private account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

  1. Dispute Resolution

Any controversy or claim arising out of or relating to these Terms shall be settled via binding arbitration administered by the Canadian Arbitration Association under the then applicable Arbitration Rules. The number of arbitrators shall be three (3). The place of arbitration shall be British Columbia, Canada. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction over the dispute. Any decision rendered by the arbitrators shall be binding upon the Parties.

  1. Jurisdiction and Venue

This Agreement shall be governed exclusively and in accordance with the laws of the Province of British Columbia, Canada. 

  1. Merger

These Terms constitute the entire agreement between you and the Company concerning the subject matter hereof. All prior agreements, discussions, representations, warranties, and covenants are merged herein. There are no warranties, representations, covenants, or agreement, express or implied, between you and the Company except those expressly set forth in these Terms. 

  1. Severability

If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid, unenforceable or illegal, such provision shall be severed from this Agreement and the remaining provisions will remain in full force and effect.

1. Types of Data collected

Among the types of Personal Data that this Application collects, by itself or through third parties, there are: email address.

Complete details on each type of Personal Data collected are provided in the dedicated sections of this privacy policy or by specific explanation texts displayed prior to the Data collection.
The Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using this Application.
All Data requested by this Application is mandatory and failure to provide this Data may make it impossible for this Application to provide its services. In cases where this Application specifically states that some Data is not mandatory, Users are free not to communicate this Data without any consequences on the availability or the functioning of the service.
Users who are uncertain about which Personal Data is mandatory are welcome to contact the Owner.
Any use of Cookies – or of other tracking tools – by this Application or by the owners of third-party services used by this Application serves the purpose of providing the service required by the User, in addition to any other purposes described in the present document and in the Cookie Policy, if available.

Users are responsible for any third-party Personal Data obtained, published or shared through this Application and confirm that they have the third party's consent to provide the Data to the Owner.

IF YOU DO NOT AGREE WITH THESE TERMS AND TO BE LEGALLY BOUND BY THEM, PLEASE DO NOT ACCESS THE SERVICES.


Privacy Policy of Life Lapse

This Application collects some Personal Data from its Users.

Data Controller and Owner

Bolandia Creative Inc. 
711 E 6th Ave
Vancouver, BC
V5T1L7

Owner contact email: hello@lifelapseapp.com

Types of Data collected

Among the types of Personal Data that this Application collects, by itself or through third parties, there are: email address.

Complete details on each type of Personal Data collected are provided in the dedicated sections of this privacy policy or by specific explanation texts displayed prior to the Data collection.
The Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using this Application.
All Data requested by this Application is mandatory and failure to provide this Data may make it impossible for this Application to provide its services. In cases where this Application specifically states that some Data is not mandatory, Users are free not to communicate this Data without any consequences on the availability or the functioning of the service.
Users who are uncertain about which Personal Data is mandatory are welcome to contact the Owner.
Any use of Cookies – or of other tracking tools – by this Application or by the owners of third-party services used by this Application serves the purpose of providing the service required by the User, in addition to any other purposes described in the present document and in the Cookie Policy, if available.

Users are responsible for any third-party Personal Data obtained, published or shared through this Application and confirm that they have the third party's consent to provide the Data to the Owner.

UXCam

We also use UXCam, which is an analytics solution. UXCam may record: Screens visited, Interaction patterns (such as screen actions, gestures: taps, scrolls), and Device details (Type, Version, Model, Operating System). We are using the information collected by UXCam to improve our app.

UXCam stores and processes this information on our behalf and may contain personally identifiable information although we proactively remove it where possible. Information we proactively hide includes all photos and videos imported into the app as well as any form fields such as email address or passwords. This Personal Identifiable Information is not visible to our team.

For more information visit UXCam Privacy Policy.

Mode and place of processing the Data

Methods of processing

The Data Controller processes the Data of Users in a proper manner and shall take appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.
The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Data Controller, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of the site (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Data Controller at any time.

Place

The Data is processed at the Data Controller's operating offices and in any other places where the parties involved with the processing are located. For further information, please contact the Data Controller.

Retention time

The Data is kept for the time necessary to provide the service requested by the User, or stated by the purposes outlined in this document, and the User can always request that the Data Controller suspend or remove the data.

The use of the collected Data

The Data concerning the User is collected to allow the Owner to provide its services, as well as for the following purposes: Managing contacts and sending messages.

The Personal Data used for each purpose is outlined in the specific sections of this document.

Detailed information on the processing of Personal Data

Personal Data is collected for the following purposes and using the following services:

  • Managing contacts and sending messages

Additional information about Data collection and processing

Legal action

The User's Personal Data may be used for legal purposes by the Data Controller, in Court or in the stages leading to possible legal action arising from improper use of this Application or the related services.
The User declares to be aware that the Data Controller may be required to reveal personal data upon request of public authorities.

Additional information about User's Personal Data

In addition to the information contained in this privacy policy, this Application may provide the User with additional and contextual information concerning particular services or the collection and processing of Personal Data upon request.

System logs and maintenance

For operation and maintenance purposes, this Application and any third-party services may collect files that record interaction with this Application (System logs) or use for this purpose other Personal Data (such as IP Address).

Information not contained in this policy

More details concerning the collection or processing of Personal Data may be requested from the Data Controller at any time. Please see the contact information at the beginning of this document.

The rights of Users

Users have the right, at any time, to know whether their Personal Data has been stored and can consult the Data Controller to learn about their contents and origin, to verify their accuracy or to ask for them to be supplemented, cancelled, updated or corrected, or for their transformation into anonymous format or to block any data held in violation of the law, as well as to oppose their treatment for any and all legitimate reasons. Requests should be sent to the Data Controller at the contact information set out above.

This Application does not support “Do Not Track” requests.
To determine whether any of the third-party services it uses honor the “Do Not Track” requests, please read their privacy policies.

Changes to this privacy policy

The Data Controller reserves the right to make changes to this privacy policy at any time by giving notice to its Users on this page. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom. If a User objects to any of the changes to the Policy, the User must cease using this Application and can request that the Data Controller remove the Personal Data. Unless stated otherwise, the then-current privacy policy applies to all Personal Data the Data Controller has about Users.

Information about this privacy policy

The Data Controller is responsible for this privacy policy, prepared starting from the modules provided by Iubenda and hosted on Iubenda's servers.

Definitions and legal references

Latest update: January 22, 2018