HereNow Legal Documents

Terms of Service

Definitions:

‘your’ and ‘you’ refer to the following roles, The Creator, The Trustee and The Recipient

‘our’ and ‘we’ refers to HereNow

1. Your Privacy

 The Terms form a legally binding agreement between you and HereNow in relation to your use of the Service.  Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the Service. It is important that you take the time to read the Terms and the Privacy Policy carefully.

2. Your Content

Your Content.  HereNow Services allow you to store or share Your Content or receive material from others. We don’t claim ownership of Your Content. Your Content remains Your Content and you are responsible for it in all formats, for its storage, its contents and for its release from HereNow Vaults

• a. When you share Your Content with other people, you understand that they may be able to, on a worldwide basis, use, save, record, reproduce, broadcast, transmit, share and display Your Content without compensating you. If you do not want others to have that ability, do not use the Services to share Your Content. You represent and warrant that for the duration of these Terms, you have (and will have) all the rights necessary for Your Content that is uploaded, stored, or shared on or through the Services and that the collection, use, and retention of Your Content will not violate any law or rights of others. HereNow does not own, control, verify, pay for, endorse or otherwise assume any liability for Your Content and cannot be held responsible for Your Content or the material others upload, store, share or release using the Services.

• b. We do not use your documents, photos or other personal files to target advertising to you. Our advertising policies are covered in detail in the Privacy Policy.

3.Code of Conduct

a. Code of Conduct.

By agreeing to these Terms, you’re agreeing that, when using the Services, you will follow these rules:

o i. Don’t do anything illegal.

o ii. Don’t engage in any activity that exploits, harms, or threatens to harm children.

o iii. Don’t send spam. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), or instant messages.

o iv. Don’t publicly display or use the Services to share inappropriate content or material (involving, for example, nudity, bestiality, pornography, offensive language, graphic violence, or criminal activity) or Your Content or material that does not comply with local laws or regulations.

o v. Don’t engage in activity that is fraudulent, false or misleading (e.g., asking for money under false pretences, impersonating someone else, manipulating the Services in any way, or libellous or defamatory.

o vi. Don’t circumvent any restrictions on access to or availability of the Services.

o vii. Don’t engage in activity that is harmful to you, the Services or others (e.g., transmitting viruses, stalking, posting terrorist or violent extremist content, communicating hate speech, or advocating violence against others).

o viii. Don’t infringe upon the rights of others (e.g., unauthorized sharing of copyrighted music or other copyrighted material, or photographs, intellectual property or confidential information).

o ix. Don’t engage in activity that violates the privacy or data protection rights of others.

o x. Don’t help others break these rules.

b. Self-Destructive Behaviour

Any activity that may endanger your life or lead to your physical harm is prohibited. This includes, but is not limited to: suicide threats, intentional physical trauma, illegal use of drugs, illegal or dangerous consumption of alcohol, and dangerous or distracted driving.

c. Violence and Threats

Acts and threats of violence will be taken seriously and are considered zero-tolerance violations and all accounts associated with such activities will be indefinitely suspended. This includes, but is not limited to:

• Attempts or threats to physically harm or kill others

• Attempts or threats to hack, DDOS, or SWAT others

• Use of weapons to physically threaten, intimidate, harm, or kill others

d. Hateful Conduct and Harassment

Hateful conduct is any content or activity that promotes, encourages, or facilitates discrimination, denigration, objectification, harassment, or violence based on race, ethnicity, national origin, religion, sex, gender, gender identity, sexual orientation, age, disability, medical condition, physical characteristics, or veteran status, and is prohibited. Any hateful conduct is considered a zero-tolerance violation. We will take action on all accounts associated with such conduct with a range of enforcement actions, including and up to indefinite suspension.

Harassment is any content or activity that attempts to intimidate, degrade, abuse, or bully others, or creates a hostile environment for others, and is prohibited. Depending on the severity of the offense, your account may be indefinitely suspended on the first violation.

We prohibit using HereNow to facilitate hateful conduct or harassment, whether the targets are on or off HereNow. Individuals, communities or organizations that do so are not allowed to use our services. We may take action against users for hateful conduct or harassment that occurs off HereNow services that is directed at HereNow users.

e. Unauthorized Sharing of Private Information

Do not invade the privacy of others. It is prohibited to share content that may reveal private personal information about individuals, or their private property, without permission. This includes but is not limited to:

• Sharing personally identifiable information (such as real name, location, or ID)

• Sharing restricted or protected social profiles or any information from those profiles

• Sharing content that violates another's reasonable expectation of privacy, for example streaming from a private space, without permission.

f. Impersonation

Content or activity meant to impersonate an individual or organization is prohibited. Any attempts to misrepresent yourself as a member of HereNow representatives is a zero-tolerance violation and will result in indefinite suspension.

g. Spam, Scams, and Other Malicious Conduct

Any content or activity that disrupts, interrupts, harms, or otherwise violates the integrity of HereNow services or another user's experience or devices is prohibited. Such activity includes:

• Posting large amounts of repetitive, unwanted messages or user reports

• Distributing unauthorized advertisements

• Phishing

• Defrauding others

• Spreading malware or viruses

• Misinformation (such as feigning distress, posting misleading metadata, or intentional channel mis-categorization)

• Tampering (such as artificially inflating follow or live viewer stats)

• Selling or sharing user accounts

• Reselling HereNow services or features 

Content or activities that threaten or promote sexual violence or exploitation are strictly prohibited and may be reported to law enforcement. Child exploitation will be reported to authorities via the appropriate channels.

h. Extreme Violence, Gore, and Other Obscene Conduct

Content that exclusively focuses on extreme or gratuitous gore and violence is prohibited. 

In addition

 You Must Be over 16 years of age

 You must not be a registered sex offender

 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 impersonate others or provide inaccurate information

 You must not harm any third party 

 You cannot do anything to interfere with or impair the intended operation of the service

 You cannot attempt to create accounts or access or collect information in unauthorized ways

 You cannot attempt to buy, sell or transfer any aspect of your account

 You cannot use a domain name or URL in your username without our prior written consent

4.Intellectual Property Rights

This Agreement does not transfer from HereNow to you any HereNow or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with HereNow. HereNow, HereNow.com, and all other trademarks, service marks, graphics and logos used in connection with HereNow.com, or the Website are trademarks or registered trademarks of HereNow or HereNow' licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any HereNow or third-party trademarks.

5.Enforcement

If you violate these Terms, we may, in our sole discretion, stop providing Services to you or we may close your HereNow account. We may also block delivery of a communication (like email, file sharing or instant message) to or from the Services in an effort to enforce these Terms, or we may remove or refuse to publish Your Content for any reason. When investigating alleged violations of these Terms, HereNow reserves the right to review Your Content in order to resolve the issue, and you hereby authorize such review. However, we cannot monitor the entire Services and make no attempt to do so.

6.Permissions you give to us

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

• You agree that we can download and install updates to the Service on your device.

• You agree that we can contact the trustees and recipients of your albums directly in line with the service we provide

• You agree that your appointed trustees can order a release of an album. 

• If you do not respond to a trustee release request after 30 days we are authorised to release your album to the recipients.

7.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.

8.Using the Services & Support

a. HereNow account. 

You’ll need a HereNow account to access many of the Services. Your HereNow account lets you sign in to products, websites and services provided by HereNow and some HereNow partners.

o b. Creating an Account. 

You can create a HereNow account by signing up online. You agree not to use any false, inaccurate or misleading information when signing up for your HereNow account. In some cases, a third party, like your bank, may have assigned a HereNow account to you. Please review any additional terms the third party provided you, as HereNow has no responsibility regarding these additional terms. If you create a HereNow account on behalf of an entity, such as your business or employer, you represent that you have the legal authority to bind that entity to these Terms. You cannot transfer your HereNow account credentials to another user or entity. To protect your account, keep your account details and password confidential. You are responsible for all activity that occurs under your HereNow account.

o c. Account Use. 

You must use your HereNow account to keep it active. This means you must sign in at least once in a one year period to keep your HereNow account, and associated Services, active. If you don’t sign in during this time, we will assume your HereNow account is inactive and this may lead to us deactivating the account and loss of your data or release of data to your recipients. If we reasonably suspect that your HereNow account is at risk of being used by a third party fraudulently (for example, as a result of an account compromise), HereNow may suspend your account until you can reclaim ownership. Based on the nature of the compromise, we may be required to disable access to some or all of Your Content. If you are having trouble accessing your HereNow account reset your password or contact help@HereNow.com

o d. Kids and Accounts. 

You must be 16 years of age to set up a HereNow account. By using the Services, you represent that you have either reached the age of "majority" or "legal responsibility" where you live or have valid parent or legal guardian consent to be bound by these Terms. If you do not know whether you have reached the age of majority or "legal responsibility" where you live, or do not understand this section, please ask your parent or legal guardian for help and consent before you create a HereNow account. If you are the parent or legal guardian of a minor who creates a HereNow account, you and the minor accept and agree to be bound by these Terms and are responsible for all use of the HereNow account or Services, including purchases, whether the minor’s account is now open or created later.

o e. Closing Your Account.

i) 1. You can cancel specific Services or close your HereNow account at any time and for any reason. To close your HereNow account access the profile section of our service and select the delete option. 

ii) 2. If your HereNow account is closed (whether by you or us), a few things happen. First, your right to use the HereNow account to access the Services stops immediately. Second, we’ll delete Data or Your Content associated with your HereNow account or will otherwise disassociate it from you and your HereNow account (unless we are required by law to keep it, return it, or transfer it to you or a third party identified by you). You should have a regular backup plan as HereNow won’t be able to retrieve Your Content or Data once your account is closed. Third, you may lose access to products you’ve acquired. Fourth, we may temporarily prevent creation of an account associated with the email address you provided.

• 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 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 account) immediately if you: clearly, seriously or repeatedly violate these Terms of Use, our policies, if you repeatedly infringe other people's intellectual property rights, or where we are required to do so by law. If we take action to remove your content for violating our terms of service, or disable or terminate your account, we will notify you where appropriate. If you believe your account has been terminated in error, or you want to disable or permanently delete your account, please contact help@HereNow.com.

• Content you delete may persist for a limited period of time in backup copies and will still be visible where others have shared it. This paragraph, will still apply even after your account is terminated or deleted.

• f. Work or School Accounts. 

If you sign into HereNow services with a work or school email address, you agree that the owner of the domain associated with your email address may be notified of the existence of your HereNow account and its associated subscriptions, control and administer your account, and access and process your Data, including the contents of your communications and files, and that HereNow may notify the owner of the domain if the account or Data is compromised. You further agree that your use of the HereNow services may be subject to the agreements HereNow has with you or your organization and these Terms may not apply. If you already have a HereNow account and you use a separate work or school email address to access Services covered under these Terms, you may be prompted to update the email address associated with your HereNow account in order to continue accessing such Services.

• g. Additional Equipment/Data Plans. 

To use many of the Services, you’ll need an internet connection and/or data/cellular plan. You might also need additional equipment, like a headset, camera or microphone. You are responsible for providing all connections, plans, and equipment needed to use the Services and for paying the fees charged by the provider(s) of your connections, plans, and equipment. Those fees are in addition to any fees you pay us for the Services and we will not reimburse you for such fees. Check with your provider(s) to determine if there are any such fees that may apply to you.

• h. Service Notifications. 

When there’s something we need to tell you about a Service you use, we’ll send you Service notifications. If you gave us your email address or phone number in connection with your HereNow account, then we may send Service notifications to you via email or via SMS (text message), including to verify your identity before registering your mobile phone number and verifying your purchases. We may also send you Service notifications by other means (for example by in-product messages). Data or messaging rates may apply when receiving notifications via SMS.

• i. Support. 

Customer support for some Services is available. Certain Services may offer separate or additional customer support, unless otherwise specified. Support may not be available for preview or beta versions of features or Services. The Services might not be compatible with software or services provided by third parties, and you are responsible for familiarizing yourself with compatibility requirements.

• j. Ending your Services. 

If your Services are cancelled (whether by you or us), first your right to access the Services stops immediately and your license to the software related to the Services ends. Second, we’ll delete Data or Your Content associated with your Service or will otherwise disassociate it from you and your HereNow account (unless we are required by law to keep it, return it, or transfer it to you or a third party identified by you). As a result you may no longer be able to access any of the Services (or Your Content that you’ve stored on those Services). You should have a regular backup plan. Third, you may lose access to products you’ve acquired. If you have cancelled your HereNow account and have no other account able to access the Services your Services may be cancelled immediately

9.Our Agreement and What Happens if We Disagree

a. Our Agreement.

• 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.

Furthermore , Requests for Information and How to Serve a Subpoena

All requests for information or documents related to potential, anticipated or current legal proceedings, investigations or disputes, or for third party user information, from HereNow ,  must be made using the appropriate level of legal process, and must be properly served on HereNow via HereNow Headquarters , address below or on our website

HereNow Software S.L

Bertran y Guell 20 – 23

Gava 

Barcelona 

08850

Please note that HereNow does not accept such requests for information or documents, or service of process, via e-mail or fax and will not respond to such requests. All requests must include the information you may have that will help us identify the relevant records, the specific information requested, and its relationship to your investigation. Please also note that limiting your request to the relevant records (e.g. a limited time period) will facilitate efficient processing of your request.

b. 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.

c. Who Is Responsible if Something Happens.

• We will use reasonable skill and care in providing our Service to you and in keeping a safe, secure, and error-free environment, but we cannot guarantee that our Service will always function without disruptions, delays, or imperfections. Provided we have acted with reasonable skill and care, we do not accept responsibility for: losses not caused by our breach of these Terms or otherwise by our acts; losses which are not reasonably foreseeable by you and us at the time of entering into these Terms; any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content posted by others that you may encounter on our Service; and events beyond our reasonable control.

• The above does not exclude or limit our liability for death, personal injury, or fraudulent misrepresentation caused by our negligence. It also does not exclude or limit our liability for any other things where the law does not permit us to do so.

d. How We Will Handle Disputes.

By Registering and using the HereNow application you exclusively submit to all claims and disputes in law to be dealt with, solely in person,  not by proxy or via a third party . All claims that arise 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 that has jurisdiction over the claim. In all cases, you agree that the claim must be resolved in a competent court in SPAIN , under Spanish Law  and that Spanish law will govern these Terms and any claim, without regard to conflict of law provisions.

10.Service Availability

• a. The Services, Third-Party Apps and Services, or material or products offered through the Services may be unavailable from time to time, may be offered on a limited basis, or may vary depending on your region or device. If you change the location associated with your HereNow account, you may need to re-acquire the material or applications that were available to you and paid for in your previous region. You agree not to access or use material or Services which are illegal or not licensed for use in the country from which you access or use such material or Services, or to conceal or misrepresent your location or identity in order to access or use such material or Services.

• b. We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and HereNow is not liable for any disruption or loss you may suffer as a result. While HereNow takes incredible care of your data in the event of an outage, you may not be able to retrieve Your Content or Data that you’ve stored. We recommend that you regularly backup Your Content and Data that you store on the Services.

11.Updates to the Services or Software, and Changes to These Terms

a. 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) at least 30 days 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. 

b. Sometimes you will need software updates to keep using the Services. We may automatically check your version of the software and download software updates or configuration changes. You may also be required to update the software to continue using the Services. Such updates are subject to these Terms unless other terms accompany the updates, in which case, those other terms apply. HereNow isn't obligated to make any updates available and doesn't guarantee that we will support the version of the system for which you purchased or licensed the software, apps, content or other products. Such updates may not be compatible with software or services provided by third parties. You may withdraw your consent to future software updates at any time by uninstalling the software.

c. Additionally, there may be times when we need to remove or change features or functionality of the Service or stop providing the Service altogether. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any material, Digital Goods or applications previously purchased. We may release the Services or their features in a preview or beta version, which may not work correctly or in the same way the final version may work.

12.Payment Terms

Payment Terms. These payment terms apply to your purchase including trial periods and you agree to them.

• a.Charges. 

If there is a charge associated with a portion of the Services, you agree to pay that charge in the currency specified. The price stated for the Services excludes all applicable taxes and currency exchange settlements, unless stated otherwise. You are solely responsible for paying such taxes or other charges. HereNow calculates taxes based on the residential address associated with your billing information. You are responsible for ensuring that this address is up to date and accurate. Except for HereNow products, taxes are calculated based on your location at the time your HereNow account was registered unless local law requires a different basis for the calculation. We may suspend or cancel the Services if we do not receive an on time, full payment from you. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and its content and permenant loss of all content. Connecting to the Internet via a corporate or other private network that masks your location may cause charges to be different from those displayed for your actual location. Depending on your location, some transactions might require foreign currency conversion or be processed in another country. Your bank might charge you additional fees for those services when you use a debit or credit card. Please contact your bank for details.

b. Your Billing Account.  

To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for that Service. You can access and change your billing information and payment method on the HereNow account . Additionally, you agree to permit HereNow to use any updated account information regarding your selected payment method provided by your issuing bank or the applicable payment network. You agree to promptly update your account and other information, including your email address and payment method details, so we can complete your transactions and contact you as needed in connection with your transactions. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account. Responsibility for payment may fall to The Creator, The Trustee or The Recipient 

• c. Billing. 

By providing HereNow with a payment method, you 

• (i) represent that you are authorized to use the payment method you provided and that any payment information you provide is true and accurate;

• (ii) authorize HereNow to charge you for the Services or available content using your payment method;

• (iii) authorize HereNow to charge you for any paid feature of the Services you choose to sign up for or use while these Terms are in force. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription Services. We may bill you at the same time for more than one of your prior billing periods for amounts that haven't previously been processed.

• d. Recurring Payments. 

When you purchase the Services on a subscription basis (e.g., monthly, every 3 months or annually), you agree that you are authorizing recurring payments, and payments will be made to HereNow by the method and at the recurring intervals you have agreed to, until the subscription for that Service is terminated by you or by HereNow. You must cancel your Services before the next billing date to stop being charged to continue your Services. We will provide you with instructions on how you may cancel the Services. By authorizing recurring payments, you are authorizing HereNow to process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (for Automated Clearing House or similar payments), or as charges to your designated account (for credit card or similar payments) (collectively, "Electronic Payments"). Subscription fees are generally charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, HereNow or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee and process any such payment as an Electronic Payment.

• f. Refund Policy.

 Unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable. If you believe that HereNow has charged you in error, you must contact us within 90-days of such charge. No refunds will be given for any charges more than 90-days old, unless otherwise required by law. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply. If you live in Taiwan, please note that according to Taiwan’s Consumer Protection Act and its relevant regulations, all purchases pertaining to digital content provided via intangible form and/or on-line services are final and non-refundable when such content or service has been provided on line. You are not entitled to claim any cooling off period or any refund.

• g. Cancelling the Services. 

You may cancel a Service at any time, with or without cause. Cancelling paid Services stops future charges to continue the Service. You should refer back to the offer describing the Services as 

• (i) you may not receive a refund at the time of cancellation; 

• (ii) you may be obligated to pay cancellation charges; 

• (iii) you may be obligated to pay all charges made to your billing account for the Services before the date of cancellation; and 

• (iv) you may lose access to and use of your account when you cancel the Services; or, if you live in Taiwan, 

• (v) you may receive a refund in the amount equal to the unused fees you paid for a Service calculated at the time of cancellation. If you cancel, your access to the Services ends at the end of your current Service period or, if we bill your account on a periodic basis, at the end of the period in which you cancelled.

• h. Trial-Period Offers. 

If you are taking part in any trial-period offer, you may be required to cancel the trial Service(s) within the timeframe communicated to you when you accepted the offer in order to avoid being charged to continue the Service(s) at the end of the trial period.

• i. Promotional Offers. 

From time to time, HereNow may offer Services for free or at a reduced rate for a trial period. HereNow reserves the right to charge you for such Services (at the normal rate) if HereNow determines (in its reasonable discretion) that you are abusing the terms of the offer.

• j. Price Changes. 

We may change the price of the Services at any time and if you have a recurring purchase, we will notify you by email, or other reasonable manner, at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Service offer, that price will remain in force for the fixed term.

13.Warranties

• A. HereNow, and our affiliates, resellers, distributors, and vendors, make no warranties, express or implied, guarantees or conditions with respect to your use of the services. You understand that use of the services is at your own risk and that we provide the services on an "as is" basis "with all faults" and "as available." HereNow doesn't guarantee the accuracy or timeliness of the services. You may have certain rights under your local law. Nothing in these terms is intended to affect those rights, if they are applicable. You acknowledge that computer and telecommunications systems are not fault-free and occasional periods of downtime occur. We do not guarantee the services will be uninterrupted, timely, secure, or error-free or that content loss won't occur, nor do we guarantee any connection to or transmission from computer networks.

• b. To the extent permitted under your local law, we exclude any implied warranties, including for merchantability, satisfactory quality, fitness for a particular purpose, workmanlike effort, and non-infringement.

• c. For consumers living in Australia: Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

to cancel your service contract with us; and

to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

• d. For consumers living in New Zealand, you may have statutory rights under the New Zealand Consumer Guarantees Act, and nothing in these Terms is intended to affect those rights.

14.Limitation of Liability

• a. If you have any basis for recovering damages (including breach of these Terms), to the extent permitted by the applicable law, you agree that your exclusive remedy is to recover, from HereNow or any affiliates, resellers, distributors, Third-Party Apps and Services providers, and vendors, direct damages up to an amount equal to your Services fee for the month during which the loss or breach occurred (or up to € 1  if the Services are free).

• b. To the extent permitted by the applicable law, you can't recover any 

• (i) consequential losses or damages; 

• (ii) loss of actual or anticipated profits (whether direct or indirect); 

• (iii) loss of actual or anticipated income (whether direct or indirect); 

• (iv) loss of contract or business or other losses or damages arising from your use of the Services in a non-personal capacity; 

• (v) special, indirect, incidental or punitive losses or damages; and 

• (vi) to the extent permitted by law, direct losses or damages in excess of the caps specified. These limitations and exclusions apply if this remedy doesn't fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms, the Services, or the software related to the Services.

• c. HereNow is not responsible or liable for any failure to perform or delay in performing its obligations under these Terms to the extent that the failure or delay is caused by circumstances beyond HereNow reasonable control (such as labour disputes, acts of God, war or terrorist activity, malicious damage, accidents or compliance with any applicable law or government order). HereNow will endeavour to minimize the effects of any of these events and to perform the obligations that aren’t affected.

15. Safety Warning. 

• To avoid possible injury, discomfort or eye strain, you should take periodic breaks from use of applications, especially if you feel any pain or fatigue resulting from usage. If you experience discomfort, take a break. Discomfort might include feelings of nausea, motion sickness, dizziness, disorientation, headache, fatigue, eye strain, or dry eyes. Using applications can distract you and obstruct your surroundings. Avoid trip hazards, stairs, low ceilings, fragile or valuable items that could be damaged. A very small percentage of people may experience seizures when exposed to certain visual images like flashing lights or patterns that may appear in applications. Even people with no history of seizures may have an undiagnosed condition that can cause these seizures. Symptoms may include light-headedness, altered vision, twitching, jerking or shaking of limbs, disorientation, confusion, loss of consciousness, or convulsions. Immediately stop using and consult a doctor if you experience any of these symptoms, or consult a doctor before using the applications if you’ve ever suffered symptoms linked to seizures. Parents should monitor their children’s use of applications for signs of symptoms.

NOTICES

Notices and procedure for making claims of intellectual property infringement. HereNow respects the intellectual property rights of third parties. If you wish to send a notice of intellectual property infringement, including claims of copyright infringement, please use our procedures for submitting Notices of Infringement. ONLY INQUIRIES RELEVANT TO THIS PROCEDURE WILL RECEIVE A RESPONSE.

16.TRUSTEES

HereNow uses Trustee(s) to enable the delivery of stored content at the appropriate time.  By accepting your role as a Trustee, you agree to act responsibly and without exception. HereNow accepts no liability for any actions or inaction the Trustee takes. The content creator has the sole responsibility to select or assign or freely chose his or her Trustees based on personal knowledge of that person.

17. RECIPIENTS

As the recipient of any album delivered, HereNow holds no control and therefore no liability as to its content. Furthermore, HereNow accepts no liability for any albums lost due to and 3rd party errors or failures, any albums incorrectly deleted by a creator or trustee or recipient or any conflicts with devices. 

Privacy Policy

HereNow SOFTWARE, SOCIEDAD LIMITADA ("us", "we", or "our") operates the HereNow mobile application (hereinafter referred to as the "Service").

HereNow respects your privacy and is committed to protecting the personal information that you share with us. In this Privacy Policy, we describe how we collect, use, and disclose information that we obtain about you to provide our HereNow service.

We only ask for personal information when we truly need it to provide a service to you. We collect it by fair and lawful means, with your knowledge and consent. We also let you know why we’re collecting it and how it will be used.

If you choose to use our Service, then you agree to the collection and use of information in relation to this policy. The Personal Information that we collect is used for providing and improving the Service. We will not use or share your information with anyone except as described in this Privacy Policy.

HereNow goes to tremendous effort to ensure that any information you share with us is protected by the very best technical and procedural safeguards possible today.

HereNow will not share your personal information for commercial gain but we may contact you from time to time to inform you, our customer, about promotions or services that HereNow feel may be of interest to you. 

HereNow will also communicate to you regarding the HereNow App to ensure that we are operating in accordance with your wishes.

Information Collection and Use

Personal Data

To operate our Service, we require you to provide us with certain personally identifiable information, such as your email address, first and last name and your mobile phone number. Video and images are also considered as personal information and we also collect these to fulfil your wishes, these are encrypted on your device prior to being stored on our service.

We may use your Personal Data to contact you with HereNow newsletters, HereNow marketing or HereNow promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these marketing communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.

Usage Data

To improve and protect our service when you access the Service from your mobile device, we may collect certain information automatically (“Usage Data”), including, but not limited to, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.

Tracking Cookies Data

Cookies are files with small amounts of data that are commonly used to store and receive identifiers and other information on computers, phones and other devices. We use cookies to personalise your experience with HereNow and we may use third party code and libraries that may use cookies to collect information to improve our service to you.

Use of Data

HereNow uses the collected data for various purposes:

• To provide and maintain our Service

• To notify you about changes to our Service

• To allow you to participate in interactive features of our Service when you choose to do so

• To provide customer support

• To gather analysis or valuable information so that we can improve our Service

• To monitor the usage of our Service

• To detect, prevent and address technical issues

• To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information

Transfer of Data

Your information, including Personal Data, may be transferred to and maintained on computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

HereNow will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure of Data

Legal Requirements

HereNow may disclose your Personal Data Metadata (email address, first and last name) in that such action is necessary to: 

• To comply with a legal obligation 

• To protect and defend the rights or property of HereNow 

• To prevent or investigate possible wrongdoing in connection with the Service 

• To protect the personal safety of users of the Service or the public 

• To protect against legal liability  

HereNow cannot disclose the contents of your albums as they are encrypted from your device.

Album release

HereNow cannot disclose the contents of your albums as they are encrypted. Only you, a recipient you have specified or in some instances recipients your trustee nominates (if you have asked them to do so) can access the content. 

If your trustees request to release your album your permission will be sought prior to release. Should you not respond to their request (after a predefined period, normally a month) your trustees will be allowed to release the album to a recipient.

Once an album has been released to recipients HereNow is no longer responsible for the privacy of your album contents.

Your right to be forgotten

We only retain collected information for as long as necessary to provide you with your requested service. What data we store, we’ll protect to prevent loss and theft, as well as unauthorised access, disclosure, copying, use or modification.

We will retain your Personal Information as necessary in connection with the purposes described in this Privacy Statement, for as long as your account is active, and in accordance with HereNow retention policies.

Security of Data

The content (videos and images) you entrust with HereNow is secured to some of the highest technical capabilities possible, it is encrypted on the mobile device before being transmitted over a secure connection to the HereNow storage facilities where it is also stored using very strong encryption. 

This provides you the assurance that your personal moments will never fall into the wrong hands.

Service Providers

We may employ third party companies and individuals to facilitate our Service, provide the Service on our behalf, perform Service-related services or assist us in analysing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are contractually obligated not to disclose or use it for any other purpose.

Children's Privacy

We do not knowingly collect personally identifiable information from anyone under the age of 16. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, please contact us:

• By email: info@HereNow.com

• By visiting this page on our website: https://www.HereNow.com

• By mail: Avinguda de Bertran i Güell, 21, 08850 Gavà, Barcelona, Spain

Cookie Policy

HereNow Cookies Policy

Last updated: September 05, 2019

HereNow ("us", "we", or "our") uses cookies on the HereNow mobile application (the "Service"). By using the Service, you consent to the use of cookies.

Cookies improves your experience with HereNow and allow us to store information or gain access to information stored on your device. We use cookies in our app to recognise your devices and to provide more features to make your experience as fulfilling as possible without invading upon on your privacy.

Our Cookies Policy explains what cookies are, how we use cookies, how third-parties we may partner with may use cookies on the Service, your choices regarding cookies and further information about cookies.

What are cookies

Cookies do many different jobs, like letting you navigate between pages efficiently, remembering your preferences, and generally improving your 

HereNow user experience. 

Cookies are small pieces of text sent to your web browser by a website you visit. A cookie file is stored in your web browser and allows the Service or a third-party to recognise you and make your next visit easier and the Service more useful to you.

Cookies can be "persistent" or "session" cookies. Persistent cookies remain on your personal computer or mobile device when you go offline, while session cookies are deleted as soon as you close your web browser.

There are different categories of cookies, including:

First-party cookies

First party cookies are small amounts of text which are served by us directly to your device.

Third-party Cookies

Third-party cookies, which are served by a third party on our behalf. We may use third party cookies for functionality and performance improvements.

Cookies can remain on your computer or mobile device for different periods of time. Some cookies are ‘session cookies’, meaning that they exist only while your browser is open and are deleted automatically once you close your app. Other cookies are ‘permanent cookies’, meaning that they survive after your browser is app. 

How HereNow uses cookies

When you use and access the Service, we may place several cookies files in your web browser on your device.

We use cookies for the following purposes:

• To enable certain functions of the Service

• To provide analytics

• To store your preferences

We use both session and persistent cookies on the Service, and we use different types of cookies to run the Service:

Essential cookies. 

We may use cookies to remember information that changes the way the Service behaves or looks, such as a user's language preference on the Service.

Accounts-related cookies. 

We may use accounts-related cookies to authenticate users and prevent fraudulent use of user accounts. We may use these cookies to remember information that changes the way the Service behaves or looks, such as the "remember me" functionality.

Analytics cookies. 

We may use analytics cookies to track information how the Service is used so that we can make improvements. We may also use analytics cookies to test new advertisements, pages, features or new functionality of the Service to see how our users react to them.

Third-party cookies

In addition to our own cookies, we may also use various third-party’s cookies, such as Google Analytics, to report usage statistics of the Service, deliver advertisements and improve the Service, and so on.

What are your choices regarding cookies?

If you'd like to delete cookies or instruct your web browser to delete or refuse cookies, please visit the help pages of your web browser.

Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.

For the Chrome web browser, please visit this page from Google.

For the Internet Explorer web browser, please visit this page from Microsoft,

For the Firefox web browser, please visit this page from Mozilla.

For the Safari web browser, please visit this page from Apple,

For any other web browser, please visit your web browser's official web pages.

You can learn more about cookies and the following third-party websites:

AllAboutCookies

Network Advertising Initiative