Terms and Conditions Agreement
TERMS AND CONDITIONS AGREEMENT
Effective as of 8th of November 2019
This Terms and Conditions Agreement explains the terms and conditions under which you
are able to use the application and the services provided by Makeen Technologies SRL.
Please read carefully this Terms and Conditions document, and keep a copy of it for your
reference.
By downloading or using our application, our services or accessing any content that is made
available by Makeen Technologies SRL you express your agreement to be legally bound by
the terms and conditions stated in this document, so please read these terms carefully before
using our services as you are entering into a binding contract with Makeen Technologies
SRL, Galati City, Romania. If you do not agree with (or cannot comply with) the terms and
conditions set forth below, do not use or access our services.
These Terms do not interfere with any obligation or authorization provided in any other
agreement concluded between you and Makeen Technologies SRL.
1. DEFINITIONS
1.1 The following definitions explain some of the terminology and abbreviations used
throughout our Terms and Conditions Agreement:
‘Terms/Agreement’ refers to the latest version of this Terms and Conditions
Agreement document.
‘App’ refers to the software application named Screentape available for Windows and
iOS operating systems.
‘Services’ refers to the functionality of the App, content provided through the App,
and other services provided by Makeen Technologies SRL, as indicated in the App.
‘Platform’ refers to App and Services collectively.
‘User/You’ refers to any person using or accessing our Platform.
‘We/Us/Screentape’ refers to Makeen Technologies SRL, the Platform, and their
developers.
‘Third-Party’ refers to any application, website, natural or legal entity other than
Screentape.
‘Content’ refers to all images, text, audio and video data or any other information
located on the Platform.
‘User Generated Content’ refers to the Content provided by the Users.
‘Information’ refers to information about the Users themselves provided for the
purpose of using our Services, contacting support or anonymous statistical information
collected from the Users through third-party services.
‘Confidential Information’ refers to any and all information disclosed between the
parties of this Agreement in relation to the Services, and especially, without limiting,
Content available only for registered Users. Confidential Information does not cover
information that was known to either party prior to disclosure, information that was made
available to the public, information required to run business transactions on the Platform, or
information which is intended and disclosed for the purpose of publishing.
2. USE OF THE SERVICES
(A) ELIGIBILITY
2.1 By registering for the use of the Services, you confirm that you are at least 13 years of
age. By using our Services, you confirm that you (i) have full legal capacity to enter into a
binding relation, (ii) that you will provide true, accurate, current, and complete information
where requested, and information which is otherwise compatible with these Terms, (iii) that
you will not use Services contrary to these Terms or applicable laws.
2.2 We may not control who uses the Platform, so it is upon you to assess whether using
the Platform is in compliance with any local laws and regulations. Whenever you are using
our Platform, you will need to comply with these Terms and any applicable laws,
regulations, and policies. If any part of the Platform is not in compliance with your local
laws, you may not use the Platform. Any such Service will be considered as ‘not available in
your region.’
(B) SCOPE OF THE SERVICES
2.3 Screentape offers a Platform that allows Users to record their screen, store the
recordings on Google Drive and share them via mail.
2.4 Screentape cannot guarantee or warrant that the Services will meet your requirements
or be available on an uninterrupted, secure, or error-free basis. We will undertake and
implement all reasonable measures to maintain the security and integrity of the Information
provided by Users. Screentape cannot and does not guarantee the 100% uptime for its Services.
Services may be down (i) for scheduled maintenance, (ii) force majeure events, (iii) for
specific Users because of the account suspension or termination, (iv) internet problems
outside of the Screentape area of influence, (v) bugs in code, hardware or Services without a
commercially known fix.
(C) REGISTRATION
2.5 Services are provided only to registered Users. Users can only register through their
Google account since the App works together with Google Drive and is dependant on its
existence. During the registration process, you will be asked to provide some personal
information, the collection, use, and storage of which is regulated by our Privacy Policy
document, Google’s Privacy Policy (available at https://policies.google.com/privacy) and
applicable laws. Users are required to provide true, accurate, current and complete
information about themselves as prompted by forms provided. If you provide information
contrary to aforementioned conditions, we may deny you or terminate your access to parts
of our Services. We are not responsible for any failure in providing the Services which
results from information that is not true, accurate, current, and complete.
2.6 You understand that it is your responsibility to keep your log in information
confidential. You are responsible for all activity under your account. If you ever find out or
suspect that someone accessed your account without authorization, you are advised to
inform us immediately.
(D) CONTACT
2.7 By allowing us access to your e-mail address, you agree that we may contact you
using such contact information, for any matters relating to the Services (Service e-mails).
These e-mails do not constitute “unsolicited commercial e-mail advertisements,” and you
are not able to opt-out of receiving them. You may opt-in or subscribe to receive e-mails
about content, promotions, special offers and or other topics of interest related to
the Screentape and our affiliates (Promotional e-mails). You may choose to stop receiving
these promotional e-mails at any time by following the instructions contained in
promotional e-mails.
2.8 If you have any question or suggestion you can contact us at contact@screentape.io.
3. ACCEPTABLE USE POLICY
3.1 You agree that you will not misuse our Platform. A misuse constitutes any use,
access or interference with the Platform contrary to Terms, Privacy Policy and applicable
laws and regulations. We can, in our sole discretion, suspend or terminate access to all or
parts of the Platform to any User, without prior notice or need to deliberate on reasons for
such measure. We reserve the right to deny Services to anyone at any time. During your use
of our Platform, you will not behave contrary to the Terms, Policies, applicable laws and
regulations, and you will especially not, without limitation, do any of the following:
(i) send or otherwise post unauthorized commercial communications (such as spam)
through the Platform;
(ii) collect Users’ content or information, or otherwise access the Platform using
automated means (such as harvesting bots, robots, spiders, or scrapers) without our
permission;
(iii) upload viruses or other malicious code;
(iv) bully, intimidate, or harass any other User;
(v) post or transmit content which is illegal, hateful, obscene, threatening, incites
violence, insulting, defamatory, infringing of intellectual property rights, invasive of
privacy, or contains graphic or gratuitous violence or is otherwise objectionable to third
parties;
(vi) harass, threaten, embarrass or cause distress or discomfort upon another individual
or entity or impersonate any other person or entity or otherwise restricting or inhibiting any
other person from using or enjoying the Platform;
(vii) take any action creating a disproportionately large usage load on our Platform unless
expressly permitted by Screentape;
(viii) post or transmit content that is misleading.
(ix) communicate any information or content that you do not have a right to make
available under any law or under contractual or fiduciary relationships, or otherwise
infringes or violates someone else’s rights;
(x) encourage participation in or promote any contents, pyramid schemes, surveys,
chain letters or spamming, or unsolicited emailing through the Platform;
(xi) post or transmit hyperlinks to other websites that violate these Terms;
(xii) facilitate or encourage any violation of these Terms.
3.2 Users are solely responsible for their own content and the consequences of making
the content available to third-parties.
4. INTELLECTUAL PROPERTY
(A) PROPRIETARY RIGHTS
4.1 The copyright and all intellectual property rights in the Platform belong to Screentape
or are used with appropriate permissions. It includes design, all database rights, trademarks,
text, graphics, code, file and links, service marks, and the selection and set up thereof. All
rights are reserved. Nothing in this agreement shall be understood or intended for transfer
of such intellectual property rights to you or any other third party. The Content and the
functionalities are provided in the App “AS IS” for your information and personal use only.
Liability will not be imposed on us in any way for any Content, including but not limited to,
any faults or errors in any Content; loss, destruction or degradation of any Content; or for
any loss or damage of any kind incurred as a result of the use of any Content stored, sent,
accessed, posted or otherwise transmitted via App.
4.2 Subject to your compliance with this Agreement, we grant you a limited, non-
exclusive, non-transferable, non-sub licensable license to access and use the Platform. Except
as expressly permitted in this Agreement, you may not:
copy, modify or create derivative works based on the Platform or Content;
distribute, transfer, sublicense, lease, lend or rent the Platform or Content to any
third party;
reverse engineer, decompile or disassemble the Platform or Content; or
make the functionality of the Platform available to multiple users through any
means.
4.3 Nothing in this Agreement shall give to the User or any other person any right to
access or use the source code or constitute any license of the source code. We reserve the
right to modify, suspend or discontinue, temporarily or permanently, the App or any service
to which it connects, with or without notice and without liability to you.
(B) NOTIFICATION OF INFRINGEMENT
4.4 If you believe that your work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been otherwise violated, please
provide the following information to the Site’s Copyright Agent:
1. An electronic or physical signature of the person authorized to act on behalf of the
owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim
has been infringed;
3. A description of where the material that you claim is infringing is located on the
Site or the App;
4. Your name, address, telephone number and e-mail address;
5. A signed statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the information provided
in your Notice is accurate and that you are the copyright or intellectual property owner or
authorized to act on the copyright or intellectual property owner’s behalf.
4.5 Our copyright agent can be reached as follows:
Email: contact@screentape.io
(C) USER GENERATED CONTENT
4.6 We aim to provide a safe space for all our Users. However, considering how we do
not monitor User Generated Content, you agree to inform us immediately if you come
across any illegal activity, activity that is in breach of these Terms, or activity you suspect
might be in violation of these Terms or applicable laws or might otherwise be objectionable.
Although we expressly prohibit posting of any User Generated Content which is illegal,
hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of
intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or
is otherwise objectionable to third parties, we do not pre-screen the content, so you hereby
agree that you may be exposed to any such content and that you use the Platform at your
own risk. You recognize and concur that Screentape bears no obligation regarding the risk,
harm, damage, or loss that might emerge from content submitted to or distributed on the
Platform. You further understand that by providing your content online, other people will
have access to such content and they will be able to copy, share or otherwise interact with
such content. If you do not want your content to be used as described the only remedy is to
not share your content.
(D) THIRD PARTY CONTENT
4.7 Some content on the Platform, such as advertisement, may be provided by the Third-
Parties. We are not responsible for such content, nor do we monitor or control content
provided by the Third-Parties.
(E) CONFIDENTIAL INFORMATION
4.8 During the term of this Agreement, Users may be required to provide or volunteer to
provide certain Confidential Information to Screentape and Screentape may disclose certain
Confidential Information to the Users. Regarding such information both parties hereby
agree (i) to keep Confidential Information in strict confidence, (ii) to undertake all
reasonable measures to protect the confidence of Confidential Information, (iii) not to
disclose, or otherwise make available, Confidential Information to any third party without
obtaining prior written consent, (iv) to use Confidential Information only for the purposes
intended, (v) to return all Confidential Information and any and all copies, extracts or
derivative works resulted from Confidential Information upon written request or upon
termination of the Agreement, and to destroy or erase all remaining copies of the
Confidential Information regardless of the form or media on which the Confidential
Information is stored.