Terms of Use

Welcome to vimi!

These Terms of Use (or “Terms”) govern your use of vimi, except where we expressly state that separate terms (and not these) apply, and provide information about the vimi Service (the “Service”), outlined below. When you create a vimi account or use vimi, you agree to these terms. The vimi Service is one of the Smart Tags Products, provided to you by Smart Tags, Inc. These Terms of Use therefore constitute an agreement between you and Smart Tags, Inc.

The Service

We agree to provide you with the Service. The Service includes all of the products, features, applications, services, technologies, and software that we provide to advance our mission: to help you create memorable visual stories for people you care about when gifting, sharing special moments, and expressing your feelings. The Service is made up of the following aspects:

  • A simple, seamless experience to create, share and replay memorable visual stories with people you care about. All the people in your life are different. We want to help you strengthen your relationships with these different people by providing you with products and services to create and share authentic, personal messages with everyone you care about when you gift, share special moments, and express your compassion. We build systems with features and tools that help you create and express your message in a way that feels authentic to you. These systems try to understand what you and others care about to help improve the Service. Part of that is highlighting capabilities, features, offers, products and services you might be interested in, and offering ways for you to use the Service to help you better.
  • Developing and using technologies that help us consistently serve our growing community. Creating and using cutting-edge technologies that help us personalize, protect, and improve our Service on a large scale for a global community is central to our Service. Organizing and analyzing information for our growing community is also part of our Service. Technologies like artificial intelligence and machine learning give us the power to apply complex processes across our Service. Automated technologies also help us ensure the functionality and integrity of our Service.
  • Fostering a positive, inclusive, and safe environment. We develop and use tools and offer resources to help make your experiences positive and inclusive, including when we think you might need help. We also have teams and systems that work to combat abuse and violations of our Terms and policies, as well as harmful and deceptive behaviour. We use all the information we have, including your information, to try to keep our platform secure. We also may share information about misuse or harmful content with other Smart Tags Products or law enforcement. Learn more in the Data Policy.
  • Providing consistent and seamless experiences across other Smart Tags Inc Products. vimi is one of the Smart Tags Products, which share technology, systems, insights, and information, including the information we have about you (learn more in the Data Policy) in order to provide services that are better, safer, and more secure. We also provide ways to interact across the Smart Tags Products that you use, and designed systems to achieve a seamless and consistent experience across the Smart Tags Products.
  • Ensuring access to our Service. To operate our global Service, we must store and transfer data across our systems around the world, including outside of your country of residence. The use of this global infrastructure is necessary and essential to provide our Service. This infrastructure may be owned or operated by Smart Tags, Inc., or their affiliates.
  • Research and innovation. We use the information we have to study our Service and collaborate with others on research to make our Service better and contribute to the well-being of the global community.

How Our Service Is Funded

Our service is funded by you when you pay to use vimi products and services. We don't show you ads. We don’t sell your personal data.

The Data Policy

Providing our Service requires collecting and using your information. The Data Policy explains how we collect, use, and share information across the Smart Tags Products.  It also explains the many ways you can control your information. You must agree to the Data Policy to use vimi.

Your Commitments

In return for our commitment to provide the Service, we require you to make the below commitments to us.

Who Can Use the Service.

We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the vimi community.

  • You must be at least 13 years old or the minimum legal age in your country to use the Service.
  • You must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments related Services if you are on an applicable denied party listing.
  • We must not have previously disabled your account for violation of law or any of our policies.
  • You must not be a convicted sex offender.

How You Can't Use the Service.

Providing a safe and open Service for a broad community requires that we all do our part.

  • You can't impersonate others or provide inaccurate information. You don't have to disclose your identity on vimi, but you must provide us with accurate and up to date information (including registration information), which may include providing personal data. Also, you may not impersonate someone or something you aren't, and you can't create an account for someone else unless you have their express permission.
  • You can't do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.
  • You can't violate (or help or encourage others to violate) these Terms or our policies. Please report violations through our support channel.
  • You can't do anything to interfere with or impair the intended operation of the Service. This includes misusing any reporting, dispute, or appeals channel, such as by making fraudulent or groundless reports or appeals.
  • You can't attempt to create accounts or access or collect information in unauthorized ways. This includes creating accounts or collecting information in an automated way without our express permission.
  • You can’t sell, license, or purchase any account or data obtained from us or our Service. This includes attempts to buy, sell, or transfer any aspect of your account (including your username); solicit, collect, or use login credentials or badges of other users; or request or collect vimi usernames, passwords, or misappropriate access tokens.
  • You can't post someone else’s private or confidential information without permission or do anything that violates someone else's rights, including intellectual property rights (e.g., copyright infringement, trademark infringement, counterfeit, or pirated goods). You may use someone else's works under exceptions or limitations to copyright and related rights under applicable law. You represent you own or have obtained all necessary rights to the content you post or share. Please report content that you think infringes your intellectual property rights through our support channel.
  • You can’t modify, translate, create derivative works of, or reverse engineer our products or their components.
  • You can't use a domain name or URL in your username without our prior written consent.

Permissions You Give to Us.

As part of our agreement, you also give us permissions that we need to provide the Service.

  • We do not claim ownership of your content, but you grant us a license to use it. Nothing is changing about your rights in your content. We do not claim ownership of your content that you post on or through the Service and you are free to share your content with anyone else, wherever you want. However, we need certain legal permissions from you (known as a “license”) to provide the Service. When you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). This license will end when your content is deleted from our systems. You can delete content individually or all at once by deleting your account. To learn more about how we use information, and how to control or delete your content, review the Data Policy.
  • You agree that we can download and install updates to the Service on your device.

Additional Rights We Retain

  • If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone's intellectual property or impersonates another user).
  • If you use content covered by intellectual property rights that we have and make available in our Service (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours).
  • You can only use our intellectual property and trademarks or similar marks as expressly permitted by our Brand Guidelines or with our prior written permission.
  • You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.

Content Removal and Disabling or Terminating Your Account

  • We can remove any content or information you share on the Service if we believe that it violates these Terms of Use, our policies or we are permitted or required to do so by law. We can refuse to provide or stop providing all or part of the Service to you (including terminating or disabling your access to the Smart Tags Products) immediately to protect our community or services, or if you create risk or legal exposure for us, violate these Terms of Use or our policies, if you repeatedly infringe other people's intellectual property rights, or where we are permitted or required to do so by law. We can also terminate or change the Service, remove or block content or information shared on our Service, or stop providing all or part of the Service if we determine that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts on us. If you believe your account has been terminated in error, or you want to disable or permanently delete your account, consult our Help Center. When you request to delete content or your account, the deletion process will automatically begin no more than 30 days after your request. It may take up to 90 days to delete content after the deletion process begins. While the deletion process for such content is being undertaken, the content is no longer visible to other users, but remains subject to these Terms of Use and our Data Policy. After the content is deleted, it may take us up to another 90 days to remove it from backups and disaster recovery systems.

  • If you delete or we disable your account, these Terms shall terminate as an agreement between you and us, but this section and the section below called "Our Agreement and What Happens if We Disagree" will still apply even after your account is terminated, disabled, or deleted.

    • where your content has been used by others in accordance with this license and they have not deleted it (in which case this license will continue to apply until that content is deleted); or
    • where deletion within 90 days is not possible due to technical limitations of our systems, in which case, we will complete the deletion as soon as technically feasible; or

    • where deletion would restrict our ability to:

      • investigate or identify illegal activity or violations of our terms and policies (for example, to identify or investigate misuse of our products or systems);
      • protect the safety and security of our products, systems, and users;
      • comply with a legal obligation, such as the preservation of evidence; or
      • comply with a request of a judicial or administrative authority, law enforcement or a government agency;
    • in which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis).
  • If you delete or we disable your account, these Terms shall terminate as an agreement between you and us, but this section and the section below called "Our Agreement and What Happens if We Disagree" will still apply even after your account is terminated, disabled, or deleted.

Our Agreement and What Happens if We Disagree

Our Agreement.

  • Your use of the Service is subject to these Terms and our other policies, such as the Data Policy. If you use certain other features or related services, additional terms will be made available and will also become a part of our agreement. If any of those terms conflict with this agreement, those other terms will govern.
  • If any aspect of this agreement is unenforceable, the rest will remain in effect.
  • Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver.
  • We reserve all rights not expressly granted to you.

Who Has Rights Under this Agreement.

  • This agreement does not give rights to any third parties.
  • You cannot transfer your rights or obligations under this agreement without our consent.
  • Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.

Who Is Responsible if Something Happens.

  • Our Service is provided "as is," and we can't guarantee it will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
  • We also don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service.
  • Our responsibility for anything that happens on the Service (also called "liability") is limited as much as the law will allow. If there is an issue with our Service, we can't know what all the possible impacts might be. You agree that we won't be responsible ("liable") for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account.

How We Will Handle Disputes.

If you are a consumer, the laws of the country in which you reside will apply to any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms ("claim"), and you may resolve your claim in any competent court in that country that has jurisdiction over the claim. In all other cases, you agree that the claim must be resolved exclusively in court located in the Province of Ontario, Canada, that you submit to the personal jurisdiction of this court for the purpose of litigating any such claim, and that the laws of the Province of Ontario will govern these Terms and any claim, without regard to conflict of law provisions. Without prejudice to the foregoing, you agree that, in its sole discretion, Smart Tags Inc. may also bring any claim we have against you related to efforts to abuse, interfere, or engage with our products in unauthorized ways in the country in which you reside that has jurisdiction over the claim.

Unsolicited Material.

We always appreciate feedback or other suggestions, but may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential.

Updating These Terms

We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account. Please consult our Help Center for more information on how to delete your account.

Revised: October 1, 2021

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