Terms of Service

Before and After Camera Guidelines

Custom Features
The Before and After Camera is provided as is. While we try to incorporate feature requests into our product roadmap we do not provide custom features.

Branding
Before and After Camera provides a limited number of integration points for your branding. Additional graphic design work can be purchased at a market rate.

Content
With branding and with features that require content you are responsible to provide all exclusive content. This content might include logos, icons, images, color pallets, videos, written copy, event information, reward programs etc. For some of our features we have stock content which is available for your non-exclusive use.

Promotions
Any promotions run through the platform, other than the automated prize drawings described below, are run by you and must be fulfilled by you. Any gift cards, discounts or prizes that are offered to your customers must be fulfilled by you. While the platform is designed to be used to track promotions it is up to each user to fulfill any promotional offers.

Automated Prize Drawings
As part of your service we may allow your customers to participate in automated prize drawings. These prize drawings are run at our discretion including the frequency, prize amounts, participants and prize types. In order for your customers to be entered into a drawing your account must be in good standing. If your customers earn tickets prior to the drawing and then your account goes out of good standing your customers will not be entered into the drawing. These drawings are platform wide and include entries from many customer bases. As such there is no guarantee that your customers will win.

Technical Specifications & Development Process
Mobile Operating System Specification
In order to take advantage of the most current features as well as reach the largest audience possible the following operating systems will be used:
• Apple Devices: iOS 8 or greater
• Android Devices: API Version 20 or greater

Mobile Device Specification
Before and After Camera are designed to be an extension of your business that your customers can always have with them. With this in mind Growth Apps are optimized for mobile phones. While they can be ran on a tablet, the experience will be nearly identical to that on a phone.

Updates
As part of the Before and After Camera service we provide timely updates to resolve any bugs or issues found in the functionality of the apps. This includes any bugs or issues that arise as a result of newer operating systems being released. Our updates follow a regular quarterly schedule unless an app has been released in that quarter, in which case we provide updates as required. You may also submit requests to update or fix the content of any of issues during any of the regularly scheduled updates as long as written notice is given 3 weeks prior to the update.

Terms and Conditions
1. STANDARD TERMS AND CONDITIONS
These are the standard terms and conditions for using the Before and After Camera platform and apply to all work undertaken by Encapture Labs for its clients, including work done using the Before and After Camera Platform.

2. PAYMENT FOR WORK
We will immediately begin monthly billing of the agreed upon rate. We reserve the right to cancel any contract with a refund being issued at our sole discretion.

3. APPROVAL OF BETA LAUNCH
On completion of the Beta version of your loyalty program you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the Beta which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, your loyalty program will be launched and all changes must go through the change approval process.

4. REJECTED WORK
You may reject any of our work within the review periods, and you may also not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory. If we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and remove you from the Drive Perks platform.

5. WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to us to include in your apps. You must indemnify us and hold us harmless from any claims or legal actions related to the content of your apps.

6. BILLING
Each term of your contract we will bill your credit card the fee stated at the time of purchase. The price is valid for the full term of the contract. After that, we’ll renew your contract automatically unless you cancel. The price is subject to change, but we will always notify you beforehand. As part of our service agreement you will be billed for each term unless otherwise specifyor until you cancel your service agreement or we terminate it. You must provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the Growth Apps service. By creating an app on the Growth Apps Platform and providing or designating a Payment Method, you authorize us to charge you a service fee at the agreed upon rate to your Payment Method. If you decide to cancel your service agreement you will continue to have service and continue to be billed through the end of the current term of your service agreement. We do not provide refunds or credits for prepaid contracts or refund setup fees. To cancel, contact us via phone or email. If you cancel your service agreement, your account will automatically close at the end of your regular billing period. If you cancel, you will not have access to the any employee or administrator control panels and your loyalty program will not receive any updates. The features in your loyalty program including any apps may cease to work as expected and you will not be able to update the content of any dynamic features or access the web portal.

7. CONSEQUENTIAL LOSS
We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises. We also shall not be liable for any loss or damage which you may suffer as a result of how your users use the app, including any content that they create with or without your branding.

8. PROMOTIONS FULFILLMENT
You are responsible for fulfillment of any and all coupons, discounts and other promotional offers that you provide to your customers through the Growth Apps platform.

9. DISCLAIMER
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Growth Apps under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.

10. GOVERNING LAW
The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of the state of Utah. You and Encapture Labs submit to the non-exclusive jurisdiction of the courts in and of Utah in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.

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