Introduction

These terms and conditions (“Terms”, “Agreement”) are an agreement between Mobile Application Developer (“Mobile Application Developer”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the Vidyo application and any of its products or services (collectively, “Mobile Application” or “Services”).

Accounts and membership

If you create an account in the Mobile Application, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

User Content

We do not own any data, information or material (“Content”) that you submit in the Mobile Application in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor Content in the Mobile Application submitted or created using our Services by you. Unless specifically permitted by you, your use of the Mobile Application does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose. But you grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.

Backup

We perform regular backups of the Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.Intellectual property rightsThis Agreement does not transfer to you any intellectual property owned by Mobile Application Developer or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Mobile Application Developer. All trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services, are trademarks or registered trademarks of Mobile Application Developer or Mobile Application Developer licensors. Other trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services may be the trademarks of other third-parties. Your use of our Mobile Application and Services grants you no right or license to reproduce or otherwise use any Mobile Application Developer or third-party trademarks.

Privacy Policy

Last updated: June 20, 2024

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Introduction

Momenta Softwares Inc. ("we", "our", or "us") is committed to protecting and respecting your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website, momentasoftwares.com, and our services (collectively, the "Services"). Please read this Privacy Policy carefully to understand our views and practices regarding your personal data and how we will treat it.

By using our Services, you agree to the collection and use of information in accordance with this policy. If you do not agree with the terms of this Privacy Policy, please do not access the Services.

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1. Information We Collect

We may collect and process the following data about you:

Personal Identification Information: Name, email address, phone number, and any other information you provide us through our Services.
Technical Data: Internet protocol (IP) address, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
Usage Data: Information about how you use our website, products, and services.
Marketing and Communications Data: Your preferences in receiving marketing from us and your communication preferences.

You are free to choose which personal information you want to provide to us or whether you want to provide us with personal information at all. However, some information, such as your name, address, payment transaction information, and information on your requested Services may be necessary for the performance of our contractual obligations.

After registration, you may create, upload or transmit files, documents, videos, images, data or information as part of your use of the Service (collectively, “User Content”). User Content and any information contained in the User Content, including personal information you may have included, is stored and collected as part of the Service. You have full control of the information included in the User Content.

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Information from Third Party Sources

We may receive personal information about you from our business partners and service providers and combine this information with other data we collect from you. The third-parties may include website and service operators, payment processors, marketing partners. The information may include contact information, demographic information, information about your communications and related activities, and information about your orders. We may use this information to administer and facilitate our services, your orders and our marketing activities.

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Single Sign-On. We use single sign-on ("SSO") such as Github to allow a user to authenticate their account using one set of login information. We will have access to certain information from those third parties in accordance with the authorization procedures determined by those third parties, including, for example, your name, username, email address, language preference, and profile picture. We use this information to operate, maintain, and provide to you the features and functionality of the Service. We may also send you service-related emails or messages (e.g., account verification, purchase confirmation, customer support, changes or updates to features of the Site, technical and security notices).
Social Media. When you interact with our Site through various social media, such as when you click on the social media icon on the Site, follow us on a social media site, or post a comment to one of our pages, we may receive information from the social network such as your profile information, profile picture, user name, user ID associated with your social media account, and any other information you permit the social network to share with third parties. The data we receive is dependent upon your privacy settings with the social network. We use this information to operate, maintain, and provide to you the features and functionality of the Service, as well as to communicate directly with you, such as to send you email messages about products and services that may be of interest to you.
Information from Other Sources. We may obtain information from other sources, including through third-party information providers, our shareholders, customers, or through transactions such as mergers and acquisitions. We may combine this information with other information we collect from or about you. In these cases, our Privacy Notice governs the handling of the combined personal information. We use this information to operate, maintain, and provide to you the features and functionality of the Service, as well as to communicate directly with you, such as to send you email messages about products and services that may be of interest to you.

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Other Uses of Personal Information

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In addition to the uses described above, we may collect and use personal information for the following purposes:

For our business activities, including to operate the Service and to provide you with the features and functionality of the Service;
To communicate with you and respond to your requests, such as to respond to your questions, contact you about changes to the Service, and communicate about account related matters;
For marketing and advertising purposes, such as to market to you or offer you with information and updates on our products or services we think that you may be interested in. While we may use your personal information in this manner, please note that we do not use User Content to send you ads, and we will never share User Content with any third parties for marketing or advertising purposes, unless you have explicitly submitted it to us for that purpose;
For analytics and research purposes;
To enforce our Terms of Service, to resolve disputes, to carry out our obligations and enforce our rights, and to protect our business interests and the interests and rights of third parties;
To comply with contractual and legal obligations and requirements;
To fulfill any other purpose for which you provide personal information; and
For any other lawful purpose, or other purpose that you consent to.

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2. How We Share Personal Information

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We may share your personal information in the instances described below. For further information on your choices regarding your information, see [Control Over Your Information](#3-control-over-your-information).

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Third-Party Service Providers and Business Partners

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We may share your personal information with third-party service providers or business partners who help us deliver or improve our Site or services, or who perform services on our behalf. These third parties are subject to reasonable confidentiality terms and provisions restricting their use of your personal information and may include parties that process payments, provide web hosting services, or provide analytics.

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Legal Requirements and Protection

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We may share personal information with third parties as required by law or subpoena, or if we reasonably believe that such action is necessary to:

- Comply with the law and the reasonable requests of law enforcement;

- Enforce our Terms of Service or other agreements or to protect the security or integrity of our services, including to prevent harm or financial loss, or in connection with preventing fraud or illegal activity;

- Exercise or protect the rights, property, or personal safety of our company, our customers, visitors, or others.

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Affiliates and Subsidiaries

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We may share personal information with other companies and brands owned or controlled by us, and other companies owned by or under common ownership as us. These companies will use your personal information in the same way as we can under this Privacy Notice.

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Business Transfers

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We may transfer any information we collect in the event we sell or transfer all or a portion of our business or assets (including any shares in the company) or any portion or combination of our products, services, businesses, and/or assets. Should such a transaction occur (whether a divestiture, merger, acquisition, bankruptcy, dissolution, reorganization, liquidation, or similar transaction or proceeding), we will use reasonable efforts to ensure that any transferred information is treated in a manner consistent with this Privacy Notice.

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With Your Consent

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We may disclose your information publicly or with another third party with your prior authorization.

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Aggregated or Anonymized Information

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We may share information with others in an aggregated or otherwise anonymized form that does not reasonably identify you directly or indirectly as an individual.

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3. Control Over Your Information

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Email Communications

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From time to time, we may send you emails regarding updates to our service, products, or services, notices about our organization, or information about products/services we offer (or promotional offers from third parties) that we think may be of interest to you. If you wish to unsubscribe from such emails, simply click the “unsubscribe link” provided at the bottom of the email communication. Note that you cannot unsubscribe from certain services-related email communications (e.g., account verification, confirmations of transactions, technical or legal notices).

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Modifying Account Information

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If you have an online account with us, you have the ability to modify certain information in your account (e.g., your contact information) through the account options provided on the Site. If there is personal information in your User Content, you can use the features and functionality of the Service to edit or delete the personal information or User Content. Not all personal information is maintained in a format that you can access or change. If you would like to request access to, or correction or deletion of personal information, you may send your request to us at the email provided below. We will review your request and may require you to provide additional information to identify yourself, but we do not promise that we will be able to satisfy your request.

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4. How We Use Cookies and Other Tracking Technology to Collect Information

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We, and our third-party partners, automatically collect certain types of usage information when you visit our Site. We typically collect this information through a variety of tracking technologies, including cookies, web beacons, embedded scripts, location-identifying technologies, file information, and similar technology (collectively, “tracking technologies”).

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We, and our third-party partners, use tracking technologies to automatically collect usage and device information, such as:

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- Information about your device and its software, such as your IP address, browser type, Internet service provider, device type/model/manufacturer, operating system, date and time stamp, and a unique ID that allows us to uniquely identify your browser or your account (including, for example, a persistent device identifier), and other such information.

- When you access our sites from a mobile device, we may collect unique identification numbers associated with your device or our mobile application, mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, and depending on your mobile device settings, we may be able to approximate a device’s location by analyzing other information, like an IP address.

- Information about the way you access and use our services, for example, the site from which you came and the site to which you are going when you leave our services, the pages you visit, the links you click, whether you open emails or click the links contained in emails, whether you access the services from multiple devices, and other actions you take on the Site.

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We use the data collected through tracking technologies to:

- Remember information so that you will not have to re-enter it during your visit or the next time you visit the site;

- Provide custom content and information;

- Identify you across multiple devices;

- Provide and monitor the effectiveness of our services;

- Monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our Site;

- Diagnose or fix technology problems; and

- Provide, plan for, and enhance our services.

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Note we do not engage in online targeted advertising.

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### Cookies and Other Tracking Technologies Opt-Out

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Depending on your browser or mobile device, you may be able to set your browser to delete or notify you of cookies and other tracking technology by actively managing the settings on your browser or mobile device.

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If you would prefer not to accept cookies, most browsers will allow you to:

1. Change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it;

2. Disable existing cookies; or

3. Set your browser to automatically reject cookies.

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Please note that doing so may negatively impact your experience using the sites, as some features and services on our sites may not work properly. Depending on your mobile device and operating system, you may not be able to delete or block all cookies. You may also set your e-mail options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our e-mail and performed certain functions with it.

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5. Data Retention and Security

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We will retain your personal information for the length of time needed to fulfill the purposes outlined in this Privacy Notice, unless a longer retention period is required or permitted by law. We store data on servers in the U.S. or any other country in which we or our affiliates, subsidiaries, agents, or contractors maintain facilities. If you are located in a country where laws governing data collection and use differ from U.S. law, please note that your personal information may be transferred to a country and jurisdiction that does not have the same data protection laws as your jurisdiction. When you register for use with us, you have the option of where you store your information, and we will not transfer it without providing information to you in advance.

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We care about the security of your information and use commercially reasonable physical, technical, and organizational measures designed to preserve the integrity and security of all information we collect. However, no security system is impenetrable, and we cannot guarantee the security of our systems 100%. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

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6. Links to Third-Party Websites and Services

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For your convenience, our Site may provide links to third-party websites or services that we do not own or operate. We are not responsible for the practices employed by any websites or services linked to or from the services, including the information or content contained within them. Your browsing and interaction on any other website or service are subject to the applicable third party’s rules and policies, not ours. If you are using a third-party website or service, you do so at your own risk. We encourage you to review the privacy policies of any site or service before providing any personal information.

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7. Children’s Privacy

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Our services are not intended for children under the age of 13. We do not knowingly solicit or collect personal information from children under the age of 13. If we learn that any personal information has been collected inadvertently from a child under 13, we will delete the information as soon as possible. If you believe that we might have collected information from a child under 13, please contact us at tools@momentum.sh.

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8. Changes to Privacy Notice

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We reserve the right to change this Privacy Notice from time to time in our sole discretion. We will notify you about material changes in the way we treat personal information by sending a notice to the primary email address specified in your account and/or by placing a prominent notice on our Site. It is your responsibility to review this Privacy Notice periodically. When we do change the Privacy Notice, we will also revise the “last modified” date.

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9. Contact Us

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For additional inquiries about this Privacy Notice, please send us an email at tools@momentum.sh.

Privacy Policy

Introduction

Accounts and membership

User Content

Backup

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