Photos Plus Subscription Terms and Conditions
These Subscription Terms and Conditions (the "Subscription Terms") represent a legal and binding agreement between HiMama Inc. (“HiMama”, “we”, “us”, or “our”) and the person (“you” or “your”) agreeing to subscribe for the Photos Plus Subscription (the “Subscription”) through the HiMama Mobile App (the “Mobile App”) and set out the respective rights and obligations of HiMama and you in relation to the Subscription. In addition to these Subscription Terms and the disclosures made to you when you subscribe for Photos Plus, the Help Center page applicable to Photos Plus and each of the following policies, all of which are incorporated into and made part of these Subscription Terms, apply to your Subscription: Privacy Policy and Terms of Service. By accessing, viewing, or using the content, material, products or services
available on or through the Subscription, you certify that you have read, understand, and agree
to be legally bound by the Subscription Terms.In the event of a conflict between these Subscription Terms and any other document referenced and incorporated by reference herein, these Subscription Terms shall govern but only with respect to the Subscription and to the subject matter of such conflicting terms.
Please read these Subscription Terms carefully and keep a copy for your records and future reference. By subscribing for Photos Plus, you represent that you have read and understood these Subscription Terms and agree to be bound by them. If you do not agree to these Subscription Terms, do not proceed with or continue your Subscription.
You agree to receive, in electronic form, a copy of these Subscription Terms and any other required disclosures including, but not limited to, all disclosures provided to you at the time of your Subscription, and any other notices or information we may be required to send to you from time to time under applicable law. You agree to keep a copy of any electronic communications for your records and future reference. Any notices or other communications will be deemed to be delivered when emailed to your designated email address, as provided or updated by you from time to time.
If you have any questions concerning these Subscription Terms or wish to exercise your rights
as described herein, please contact HiMama at support@himama.com.
Eligibility
Subscriptions are available to HiMama users that are located or reside in Canada and the United States, except in the Province of Quebec. To subscribe for Photos Plus, you must be the legal age of majority in the Province in which you reside (except the Province of Quebec), or at least eighteen (18) years of age in the United States. You must be capable of entering into a legally binding agreement, and you must have downloaded the HiMama App and agreed to the Terms of Service. By subscribing for Photos Plus, you represent and warrant that you meet this eligibility criteria.
Enrollment and Payment
You may only enroll in a Subscription by agreeing to these Subscription Terms and paying for the Subscription using Apple or Google in-app purchase available through the HiMama Mobile App. All fees and any related costs associated with your Subscription, including applicable tax, will be displayed for you at the time you subscribe. The entire Subscription and payment process is managed by Apple or Google as an in-app purchase, and charges will be automatically charged on a recurring basis to the payment method you provide to Apple or Google Until you cancel (or we terminate) your Subscription. You will be charged via the payment information you have in the app stores by agreeing to the applicable Apple or Google in-app purchase terms and conditions. All payment terms associated with and provided by the
app store you select (Google or Apple) are the controlling and governing payment terms for this
Subscription. You are responsible for the security of any information, including any password associated with your account and/or any payment card details stored in the app stores.
If any problems arise with your Subscription, including the payment method associated with your Subscription, HiMama will use reasonable efforts to notify you within the Mobile App. However, the Subscription will be placed on hold, and you will not be granted access to download all available photos in their original quality (current and historical) until the problem has been resolved and the Subscription has been reactivated by HiMama. You
represent that all billing information you provide Apple or Google is truthful and accurate.
Providing any untruthful or inaccurate information constitutes a breach of these Subscription
Terms and may result in termination of your Subscription.
How the Subscription Works
These Subscription Terms are entered into as of the date you subscribe and agree to them on the Mobile App.
While subscribed for Photos Plus, you will be provided with access to download all available photos sent to you through the HiMama Mobile App in the original, highest quality version of the photo. This includes all photos sent to you using the HiMama Mobile App, including photos sent to you before you subscribed. After you subscribe, as new photos are sent to you through the HiMama Mobile App, you will automatically get the original versions for download. You acknowledge that HiMama is not responsible for, and cannot improve, the original quality of the image taken on classroom devices. You understand that, although you will see a quality improvement with Photos Plus, HiMama can only provide the highest quality image taken on the device.
Your Subscription will remain in effect until it is cancelled. You may unsubscribe from the Subscription at any time from Google Play or the Apple App store. You may also cancel your Subscription in any other way HiMama may permit you to from time to time. If your Subscription is cancelled, you will have access to all photos sent to you for the remainder of the Subscription month. At the end of the month in which your Subscription expires, you will lose access to download original quality photos. Any photos already downloaded to your device will not be removed. If you unsubscribe or cancel your Subscription, to avoid being charged for the next
Subscription Period, you must cancel your Subscription Service at least 24 hours prior to the
billing date for the next Subscription Period.
Changes
Subject to applicable law, HiMama reserves the right to make changes to these Subscription Terms at any time in its sole discretion by posting an updated version of these Subscription Terms on the HiMama Mobile App or sending you notice of such changes to the email associated with your HiMama account. Such changes will be effective on the date indicated on the updated version posted on the Mobile App. By continuing with your Subscription after the effective date of the updated Subscription Terms, you will be deemed to agree to the updated Subscription Terms which will be enforceable against you. Notwithstanding the foregoing, youagree that HiMama is under no obligation to provide you with notices regarding changes to
these Subscription Terms. You understand that it is your responsibility to check the
Subscription Terms regularly for changes.
Termination by Us
To the extent permitted by applicable law, we may, in our sole discretion, terminate your Subscription at any time for any reason.
Limitation of Liability
IN ADDITION TO ANY OTHER LIMITATIONS AND EXCLUSIONS CONTAINED IN HIMAMA’S TERMS OF SERVICE, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED OR ANY OTHER LOSS OR DAMAGE OF ANY KIND WHATSOEVER AND HOWSOEVER ARISING OUT OF OR IN CONNECTION WITH YOUR SUBSCRIPTION AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE. HIMAMA’s AND ITS REPRESENTATIVES’ MAXIMUM AGGREGATE LIABILITY UNDER THESE SUBSCRIPTION TERMS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL IN NO CIRCUMSTANCES EXCEED THE AMOUNT ACTUALLY PAID BY YOU DURING THE COURSE OF YOUR SUBSCRIPTION WITH HIMAMA. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS AND SHALL SURVIVE ANY CANCELLATION OR TERMINATION OF YOUR SUBSCRIPTION.IF ANY PART OF THIS
LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY
REASON, THEN THE TOTAL LIABILITY OF HIMAMA AND ITS DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES SHALL NOT EXCEED TEN
DOLLARS ($10).
IF YOU ARE DISSATISFIED WITH THE SUBSCRIPTION, OR WITH ANY OF THESE TERMS,
OR FEEL WE HAVE BREACHED THESE SUBSCRIPTION TERMS, YOUR SOLE REMEDY
IS TO DISCONTINUE USING THE SUBSCRIPTION.
Additional General Restrictions on Use
You agree to use the Subscription only for purposes that are permitted by these Subscription
Terms in compliance with all applicable laws, regulations, and generally accepted practices and
guidelines in the relevant jurisdictions, and in accordance with the Terms of Service, including
without limitation Content Standards. In addition, you will not (and will not attempt to): (a) violate
or attempt to violate the security of the Subscription; or (b) access the Subscription through any
automated means or with any automated features or devices (including use of scripts or web
crawlers, data mining, scraping, robots, spiders, or any other data gathering or extraction tools).
Internet Security; Intellectual Property Violations
HiMama uses reasonable efforts to ensure that the Subscription is generally available.
However, there will be occasions when access to the Subscription will be interrupted or
unavailable. HiMama will use reasonable efforts to minimize such disruption where it is within its
reasonable control. You agree that HiMama shall not be liable to you for any modification,
suspension or discontinuance of the Subscription. You understand that the technical processing
and transmission of any Subscription content may be transferred unencrypted and involve: (a)
transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that HiMama does not
guarantee that any information sent from our Subscription will be secure during transmission,
nor can HiMama guarantee the confidentiality of any communication or material transmitted to
HiMama via the Subscription or the Internet, including, for example, personal information such
as your name or address.
If you believe that any content or posting on the Subscription violates your intellectual property
or other rights, please notify HiMama at the email address set forth above, providing a
comprehensive, detailed message setting forth the following information: (a) your name and the
name of your company, if any; (b) your contact information, including your email address; (c)
the nature and substance of your complaint, the specific rights at issue, and your basis for
making the complaint, including the content or posting that is objectionable; and (d) the
following statement: “The statements, representations, and assertions made in this message
are true, complete, and accurate, and I have the full legal authority to make each and every
such statement, representation, and assertion and to make and be granted any demand made
in this message.”
General
You may not assign or transfer your Subscription to any third party without HiMama’s prior written authorization.
If any current or future provision of these Subscription Terms is found invalid, void, or for any reason unenforceable by a court of competent jurisdiction, that provision shall be severable, and it shall not affect the validity and enforceability of any remaining provision of these Subscription Terms which shall continue in full force and effect.
These Subscription Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.
In Canada, these Subscription Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada
In the United State, these Subscription Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles. All disputes under this Agreement will be resolved in the applicable court in Delaware, USA, and the parties hereby consent to the exclusive jurisdiction of such court. The application of the Uniform Computer Information Transactions Act is expressly excluded.