23
November

Terms and conditions

NOTE

Usage of any of the services found on Minute of Life (Website and Mobile Application) signifies and presupposes the customer’s agreement to these Terms and Conditions (Hereinafter referred to as “Terms”).

The Terms govern the conditions under which the customer may access and use the services contained on and associated with the site and mobile application. By using or accessing Minuteoflife.com you agree to be bound by these Terms.

These Terms serve as a legal agreement between you and Minute of Life (Hereinafter referred to as“we,” “us” or “our”, “MOL”) concerning our application (“Minute of Life Mobile App”), which you have decided to download either from:

the Google Play store website (the “Google Site”) situated at (link) ;

the Apple iPhone store website (“Apple Site”) situated at (link). or ;

the Vuforia Developer agreement situated at (link).

This denotes your confirmation of the agreement between us and you, and that the Google, Inc. and its divisions (jointly, “Google”) and Apple, Inc. (jointly, “Apple”) are not a part of this Agreement. The content of the Minute of Life Mobile App is exclusively our responsibility.

The International Terms take effect as soon as you download and use the Minute of Life App in a country stated in a schedule to the International Terms, the International Terms take effect as such International Terms are modified by the Resident Terms stipulated in the schedule that is in effect for such country.

The Resident Terms changes become effective over the International Terms and, in the case of any disagreement or or discrepancy between the Resident Terms and the International Terms, the Resident Terms shall take effect.

If you are not downloading and using the Minute of Life App in the countries named in the schedules to this Terms, the International Terms take effect.

1. DEFINITIONS

The following concerns definitions for some of the terms found in this document which constitute a fundamental part of these Terms.

1.1. Website

Minuteoflife.com

1.2. Customer

The consumer of services and products found at Minuteoflife.com. A customer is therefore an individual who orders said services and products from Minuteoflife.com.

1.3. Company

Minute of Life. Referred to as “we”, “us”, and “our”.

1.4. Product

The Minute of Life App and any service offered by the Website.

1.5. Recipient/Viewer

One who consumes media hosted at Minute of Life.

2. INTERNATIONAL TERMS

This Agreement is provisional based on your acceptance also to:

the Terms of Service of the Apple Site

http://www.apple.com/legal/internet-services/itunes/uk/terms.html with Apple (the “Apple Terms of Service”); and the Terms of Service of the Google Site https://play.google.com/intl/en_uk/about/play-terms.html  with Google (the “Google Terms of Service”). 

Upon legal approval of this Agreement, you approve and apprehend that the Apple Terms of Service and Google Terms of Service bind you.

3. ACCEPTABLE USE

Customers are barred from using the Website in any way that is designed to cause damage to or might cause damage to the site itself or impair access thereto. Any use which is illegal, unlawful, harmful, fraudulent or otherwise intended in a malicious way is further prohibited.

This site and its associated tools may not be used to store, send, copy, transmit, distribute, or publish any material which incorporates, includes, or is connected to viruses, spyware, Trojan horses, worms, rootkit, keystroke loggers, or any other type of malicious software or programs.

The Customer is prohibited from conducting any data collection (including but not limited to scraping, data extraction, data mining, and data harvesting) on or in relation to this site without the prior written consent of the owners and administrators of Minute of Life.

3.1. Your Use of the Minute of Life App.

The Minute of Life App allows you utilize the software for mobile devices (“Minute of Life App”) and the MOL augmented reality (“MOL Services”) that Minute of Life provides from your mobile device (jointly, “Device”).

You may use the MOL APP to utilize the MOL Services as soon as you have downloaded the MOL App onto your Device and accepted this Agreement.

Before you use the MOL App and its services, you should ensure to read and accept the Minute of Life Privacy Policy that you can find at: http://minuteoflife.com/info/privacy

3.2. AGE REQUIREMENT

Minute of Life does not offer services or sell products to children. Therefore, any user who uses any of our paid services must have attained the legal age of majority in their country and must have full legal authority to enter into contracts and make payments for services.

4. Minute of Life Rights

All rights to, titles on, and interest in Minuteoflife.com (excluding user-uploaded content) are and shall remain the exclusive property of Minuteoflife.com. These Services are protected by copyright, trademark, and any other relevant law. Nothing in these Terms gives the user any right to use for their own purposes the Minute of Life name. This extends to the mobile application, any of the logos, domain names, and any other distinctive features of the brand represented by Minute of Life. Any comments, feedback, or suggestions that may be provided by customers in the interests of improvement of the Service is entirely voluntary and considered to be owned by Minute of Life, to be used for any purposes whatsoever, in an altered or unaltered form without any obligation.

4.1 Order

The order is a request by a customer to Minute of Life for the use of a service or delivery of a product. Any order of the Service is transmitted electronically to the customer who provides specifications for the services he or she wishes to receive from Minute of Life.

4.2. Reservations

Any reservations that are made on Minute of Life become active only after registration. All preferences indicated by the user before registration are not confirmed and do not constitute a promise of availability of the preferred product.

If payment is not provided within 24 hours of product choice, the reservation is cancelled. All materials composed using the on-site toolkit or mobile applications will be saved as drafts for seven days before being automatically deleted.

4.3. Product Availability

Any publication made available on Minute of Life has a unique link which can be used to watch or download the presentation. The number of downloads or shares is unrestricted. After one month, the presentation will be deleted from the Minute of Life servers.

4.4. Client Instructions

All necessary information for the order’s fulfillment must be provided by the customer, and it is their sole responsibility to ensure that all information provided is complete and accurate. If these details are not provided or contain some discrepancy, Minute of Life will not be held responsible.

4.5. Moderation

Publications that are not private are subject to moderation and may be declined for display to the public. If this occurs, they will be approved for private showing. No refunds will be offered.

5. Shipping and Delivery

Minute of Life uses the best and highest-quality methods of delivery to ensure that your item arrives quickly and safely so that you can begin enjoying it as soon as possible.

The first method is by FEDEX, which usually takes around 3-7 business on your location. This is our faster shipping option.

The second method is Free International Shipping, which takes from 15-25 business days, again depending on your location. Please indicate which method of delivery you prefer while making your order.

6. Payment Methods

We accept payment via Paypal (Visa, MasterCard, Maestro, American Express) or MOL Points (internal currency of Minute of Life)  for all online orders. If you choose the Paypal option when completing your order, you will be transferred to an SSL-encrypted Paypal server, where you can complete the purchase and enter payment details.

We will be notified by Paypal as soon as the payment has been successfully completed. Payment via Paypal is effected immediately and we receive a message from Paypal as soon as the funds have been paid into our account.

Please note that all customers using the Paypal option must have a valid Paypal account. Customers who do not already have a valid Paypal account can create one free of charge during the checkout process.

We accept payment via Paypal in USD.

There is no additional fee for using this payment option.

Additional information:

www.PayPal.com

7. Refund Policy

Please note that customers are responsible for any import duties and clearance fees.

7.1. Physical Items:

Shipping & Returns, We are happy to refund or exchange any unused items within 10 days of receipt. Goods must be returned in the same condition they were received. All returned goods are the responsibility of the customer until received by us. We therefore recommend that you ask the Post Office for a certificate of postage and retain it for your reference. Without this we cannot refund any money if we do not receive the returned items. Please notify us by email before returning any goods stating whether you require a refund or an exchange.

Immediately after you complete your purchase your order is packaged with great care, we guarantee to ship your orders within 24-72 hours.

Refunds, We offer a full refund on all goods returned within 10 days of receipt including the cost of sending the items to you. All return delivery charges however, are the full responsibility of the customer unless the product is returned because of a defect or an error made by us, in which case we will refund the postage costs incurred by you for returning the item. Refunds are credited to the original method of payment.

Your satisfaction is our top priority. Minuteoflife.com does not bear any responsibility for errors in manufacturing, nor delivery issues.
DO NOT SIGN COURIER'S ANY PAPER IF ITEM IS BROKEN or CRACKED! Minute of Life does not bare any responsibility.

7.2. Virtual Items:

No Refunds and Returns on Digital Goods or Services

Virtual items include All kind of Markers (exclude physical), MOL Points, Subscription Plans, Reply Stickers, “Thank You” Messages, Occasion/Recipient Page Templates, Minute of Life Mobile Applications (iOS and Android). In no way can Points or Virtual Goods be redeemed for “real world” money, goods, or other items of monetary value from any party. Transfers of Points are strictly prohibited. This means you may not buy or sell Points or Virtual Goods for “real world” money or otherwise exchange Virtual Goods for value outside of Minute of Life. You may not transfer, buy or sell Points to other Minute of Life customers.

You also agree that all sales of Virtual Goods are final. No refunds will be given by Minute of Life or Minute of Life’s third party payments providers. Other than a limited, revocable, non-transferable license to use Virtual Goods in Minute of Life, you have no right in or title to such Virtual Goods. In the event that your account is terminated or suspended for any reason, in Minute of Life`s sole and absolute discretion, or if Minute of Life discontinues its Services, you forfeit any and all Points and Virtual Goods. Minute of Life has the absolute right to manage, regulate, control, modify, and/or eliminate Points and/or Virtual Goods as it sees fit in its sole discretion, and Minute of Life shall have no liability to you or anyone for the exercise of such rights.

7.3. Money Back Guarantee

Our money back guarantee ensures that justified refunds will be carried out when appropriate. These cases are defined in the following document. The following list in not exhaustive and individual cases of mutual fault will be handled with regard to the peculiarities of each case.

Note that, in the case of Minute of Life being at fault, the refund will be 100%.

Minute of Life accepts full responsibility for faulty or interrupted service if:

- The order is not completed due to technical problems at Minute of Life

- The Minute of Life server is faulty or inactive and the user is not at fault for this

- The publication cannot be opened due to technical problems on the Minute of Life servers or other site problems experienced solely on the company’s side

If a refund is appropriate and necessary in a particular case, the said refund will be:

- Given automatically

- Given with no dispute

- Given in the full purchase amount

In the case of payments made to Minute of Life using a credit or debit card, the refund will be transferred back to the relevant connected account.

Be aware that in the case of technical problems on the customer’s side, Minute of Life takes no responsibility for faulty or interrupted service of any kind. This includes interference whose source is the internet service provider of the customer.

Minute of Life furthermore takes no responsibility for providing service in the case that a user’s account is blocked, banned, or deleted due to non-compliance with the Minute of Life Terms and Conditions, the committal of illegal activity, or inappropriate behavior on and use of the service. Minute of Life will, in such cases, block the user immediately with no refund or possibility of redress.

8. Augmented Reality Requirements

Augmented reality markers (visuals, images which provided within Minute of Life Website, Mobile Applications - iOS- Android) are the special images which holds specific points on it. These trackables are specially designed and to get maximum effect, should not be damaged, resized or color adjusted.

The tracking devices (Scanners), as usual front and the back cameras of mobile phones, tablet pc or the PC cameras, should not be less than 5MP.

At the moment of tracking/scanning the QR code or the Marker, there must be good lightening.

QR code should be all the time flat and not damaged.

During scanning/tracking the marker or qr code, scanning/tracking device must be connected to internet. (recommended speed line 3G and higher)

Virtual Markers/Physical Markers images are created by Minute of Life.

Usage of Virtual Markers are decided by users. Customers/Users can printout, stick and track any of these images. Please pay attention, depending on a printer, your image can be damaged, distorted, or can lose its color. In these conditions Minute of Life doesn`t bare any responsibility. To cut out part of the visuals, or by adding new images into the Minute of Life markers may disrupt video playing.

Minute of Life does not take any responsibility with the result of bad tracking/scanning issues with related of user`s side printing, internet connection, marker or qr code damages, resizing, adjusting, adding/removing parts of the qr codes and markers.

Physical Markers, such as T-shirts, are designed, pressed, programmed, and shipped by Minute of Life. User guideline is provided with the physical items. In case of harsh usage, bad internet connection, alteration of the Marker (visuals, design), low quality of tracking/scanning devices, Minute of Life doesn`t bare any responsibility.

In case of the customer lose/interrupt or accidentally adjust their markers and qr codes, users can download these materials in their profile under the section of Augmented Reality. Whatever, Minute of Life keeps the rights of termination, elimination or removal of the user generated content without any notification.

9. Copyright Restrictions

Any presentation or publication delivered to customers is to be used exclusively for personal and noncommercial purposes. Uploaders retain all intellectual property rights to published materials, and no copyrighted material may be published using Minute of Life’s technologies, application and toolkit.

10. Indemnity

Customers indemnify Minute of Life against any penalty for misuse of content or products.

11. Privacy and Security

Minute of Life takes every reasonable precaution to ensure the security of sensitive customer data. Please check the Privacy Policy for more details on this site.

12. Limitation of Liability

Customers shall not hold the company, owners, employees, administrators, subsidiary writers, affiliates, advertisers, agents, or any other representatives of the company or site liable for any claims, damages, loss, or actions resulting from using the services and products offered at minuteoflife.com or any affiliated sites.

Minuteoflife.com is not liable for any damages suffered by third parties that arise after the use of this site.

13. Exclusions

Minute of Life will in no case be liable for any violation due to:

- Alteration of the Minute of Life App carried out by someone else other than us; or

- Combining the Minute of Life App with any other item, software or procedures that were not provided by us if the violation could have been prevented using only our Software.

14. Amendments to the Terms

The owners of Minute of Life are empowered to make changes to these Terms at any point and for any reason without prior notice. The customer is obligated to remain up to date on the content of these Terms by visiting this page regularly to keep abreast of any changes that might have been made. The changed Terms will take effect immediately upon being published on this site.

15. License Grant

Minuteoflife.com owns the intellectual property rights to the website, mobile application and any site material. All these rights are reserved.

The customer is permitted to view, download, and print pages and presentations found on the website or mobile application for his or her own personal use, provided they fall within the restrictions of the Terms.

We offer a terminable, non-sub licensable, limited, non-exclusive, non-transferable license to install and make use of the Minute of Life App on any of your Devices meeting the following:

- Possessed and used personally with the Minute of Life Services; and

- Used as allowed by the Google Terms of Service or Apple Terms.

This Agreement will also affect any upgrades of software provided by Minute of Life that supplements and/or replace the original Minute of Life App, unless such updates come with a separate license, in which case the terms of that license will take effect. 

Neither Apple nor Google is obligated in any way to offer you any maintenance, support services, or updates for the Minute of Life App.

16. License Limitations. 

The Minute of Life App should not be used on any Device not owned or controlled by you, and you should not distribute or make the Minute of Life App available over a network where multiple devices can use it at the same time. 

You are prohibited to lease, rent, sell, lend, sublicense or redistribute the Minute of Life App. 

You are prohibited from copying (except as specifically accepted by this Agreement and the usage rules described below), engineer, reverse, disassemble, decompile, attempt to generate the source code of, create plagiaristic works or modify the Minute of Life App, any part or any updates thereof (except to the extent any foregoing restriction is allowed by appropriate law).

You guarantee and accept to use the Minute of Life App and the Minute of Life Services in harmony with all applicable laws, contracts, rules and regulations.

17. Services and Technology Usage Rules

You admit that the Minute of Life App comprises of security technology that restricts your control over the Minute of Life App to the following appropriate usage rules. 

Whether or not security technology limits the Minute of Life App, you accept to make use of the Minute of Life App complying with the related usage rules:

(1) you using the Minute of Life App depends on your prior acknowledgment of the terms of this Agreement;

(2) you will be able to use only one account to store the Minute of Life App (as described in the Terms of Service of Apple) on specific devices, including the Devices, at a time;

(3) you will be able to use five approved devices with the Minute of Life App at any time;

(4) you will not endeavor to, or support or urge any other individual to evade or amend any security software or technology that is part of the Service (as described in the Terms of Service of Apple) or utilized in administering the Usage Rules (as described in the Terms of Service of Apple);

(5) the Minute of Life App delivery does not allocate any promotional use rights in the Minute of Life App to you; and

(6) you are allowed to sync the Minute of Life App manually from at least one device that is authorized to other devices having manual sync mode, as long as there’s an associated Account with the Minute of Life App (as described in the Terms of Service of Apple) on the primary device authorized on iTunes, where the primary device authorized on iTunes is the one that was initially synced with the device, or the one that you successively assign as on iTunes as primary.

18. Termination and Survival

 If this Agreement gets breached by you, we may instantly terminate this Agreement, but all provisions of this Agreement except “License Grant” will survive termination and continue to take effect. 

We may for any reason terminate this Agreement by giving you a notice of at least one calendar months.

All copies of the Minute of Life App must be destroyed upon termination.

19. Minute of Life’s License of User Generated Content

By using the Minute of Life App to access digital content from our servers, you are also offering digital content watched by you on your Device to our servers.

You accept to grant, and thereby grant, to us a non-exclusive, transferable, perpetual, non-revocable, sub-licensable, royalty-free, global license to modify, copy, and otherwise utilize content the you view using your Device (“User Generated Content”) to make available the Minute of Life Service to you and for our general business reasons. 

You hereby admit and approve that you using the Minute of Life App and the Minute of Life Service is enough consideration for the grant of this license to us. 

You signify, permit and accept that the User Generated Content will not and does not breach the rights (including the Intellectual Property Rights) of any third party and shall be in accordance with all appropriate laws.

You shall protect Minute of Life and shall keep Minute of Life protected from and against all losses arising out of or in connection with any allegation or claim that the User Generated Content infringes all applicable laws and/or the rights (including, without limitation, the Intellectual Property Rights) of any third party.

20. Assignment

Minute of Life may sub-contract, outsource, transfer, or otherwise deal with the rights and obligations laid out in these Terms as we see fit without prior notification of the customer or obtaining any form of consent.

The customer does not hold analogous rights to the transferal or similar delegation of the rights and responsibilities laid out in these Terms.

21. Law and Jurisdiction

These Terms will be governed by the relevant laws existing in the Republic of Cyprus, and any disputes relating thereto will be subject to the exclusive jurisdiction of the respective courts of the Republic of Cyprus.

The legal owner and a legal entity operating the web-site MinuteOfLife.com is Brainberry Global Limited, 16 Zinas De Tyras, 1065 Nicosia Cyprus, info@brainberryglobal.com.

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