Terms of Service

Effective as on July 24, 2021

You must carefully read and understand these terms and conditions (“Terms”) before downloading, installing and using the Josh Camera mobile application ("App") which is owned and operated by Verse Innovation Pvt. Ltd. ("Verse"), having its place of business at IndiQube Delta, #6, 14th Main Road, HSR Layout, 5th Sector, Bangalore – 560102, Karnataka, India  ("Verse", "We" and "Us"). The terminologies "You", "Your", "User" and "Users" shall be read in context, and shall refer to you. For the purpose of these Terms, any reference to Verse shall include its affiliates, parent company, and sister concerns. These Terms as well as the Privacy Policy (“Privacy Policy”) for the App, the terms and conditions and policies of the Josh mobile application (“Platform”) and all other applicable laws and regulations govern Your access and use of the App.. By completing the registration process, browsing App’s websites, downloading the mobile software, or otherwise accessing or using the services, you represent that you have read, understand, and agree to be bound by these Terms and Conditions.

You understand that Your acceptance of these Terms and the Privacy Policy forms a legally binding agreement between You and Verse (“Agreement”).

If You do not agree to the Terms or do not have the authority to bind Your organization or company to these Terms, then do not access, avail, download or use the App.

  1. About our App

    The JoshCam App is a utility tool which allows users to create, edit and enhance videos (“App Function”).

  1. Eligibility

    Use and access to the App is available to all persons who can be legally bound by contract and who are not disqualified or declared incompetent under the Indian Contract Act, 1872. If You are a minor i.e. under the age of 18 years, You shall not register as a User of the App and shall not access or use the App. As a minor if You wish to access or use the App, such access or use may be made by Your legal guardian or parents on the App. Verse reserves the right to terminate such use and/or refuse to provide You with access to the App if it is brought to Verse’s notice or if it is discovered that You are under the age of 18 years. If your registration(s) with or ability to access the App, is discontinued by Us due to your violation of any portion of the Agreement, you may not access or use the App, and you agree that you will not attempt to re-register with or access the App through use of a different member name or otherwise.

  1. User Account

    3.1. You understand that Your login created on the Platform also serves as a login for the App. You understand and agree that You can only use Your login details of the Platform to access and use the App. 

    3.2. In order to access the App you may be required to register an account on the Platform (“Account”). Your Account will allow you to access the applicable services and functionality that we may establish and maintain from time to time and in our sole discretion. You may control your User profile and how you interact with the services by accessing the functionality that may be made available on your Account settings page. When creating your Account, you must provide accurate and complete information and you agree to maintain and promptly update such information as necessary to keep it true, accurate, current and complete. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. You are not allowed to provide a third-party access to your Account. We encourage you to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers and symbols) with your Account. You must notify US immediately of any breach of security or unauthorized use of your Account. Verse will not be liable for any losses caused by any unauthorized use of your Account. You may never use another User’s Account without permission. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your account are and shall forever be owned by and inure to the benefit of Verse.

    3.3. By downloading the Platform, and creating an Account on the Platform, You agree that You are legally bound by the terms and conditions and policies of the Platform. You can view the terms and conditions and policies of the Platform on the Platform or here.

  1. Your use of the App

    4.1. Subject to the Terms and Your payment of fees, if any, Verse hereby grants You a limited, non-transferrable, non-exclusive, revocable license, limited license to the use of the App.

    4.2. The App is licensed, not sold, to You, even after installation on Your devices. Verse may assign this Agreement or any part of it without restrictions. You are not allowed to assign, transfer or sub-license Your rights under this license, to any third party.

    4.3. You agree not to engage in any of the following prohibited activities while accessing or using the App: (a) licensing, sublicensing, selling, leasing, transferring, assigning, copying, distributing, disclosing or otherwise commercially exploiting any part of the App in any medium; (b) transmitting spam, chain letters, or other unsolicited email; (c) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the App; (d) impersonating or violating the rights of any third party or taking any fraudulent actions; (e) uploading invalid data, viruses, worms, or other software agents through the App; (f) collecting or harvesting any personally identifiable information, including account names, from the App; (g) using the App for any commercial solicitation purposes; (h) using the Services for the purpose of making any products or services that are competitive with the App; (i) interfering with the proper working of the App; (j) accessing any content on the App through any technology or means other than those provided or authorized by the App; or (k) bypassing the measures We may use to prevent or restrict access to the App, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the App or the content therein. 

    4.4. You agree not to use the App in a manner that could harm Us or anyone else, or in a manner that violates any law. You warrant that Your use of the App will not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual and does not contain any obscene or offensive material. 

    4.5. Verse reserves the right to change these Terms from time to time. If You do not agree to any such changes, You have the discretion to discontinue from accessing, availing or using the App. Continued access or use of the App following notice of any such changes will indicate Your acknowledgement of such changes and You will be bound by such revised Terms.

  1. Term and Termination

    5.1. Term. The Agreement commences on the earlier of: (a) the date you first used the App; and (b) the date you accepted the Agreement and will remain in full force and effect while you use the App, unless earlier terminated in accordance with the Agreement.

    5.2. Termination by VERSE. Verse may terminate this Agreement by deleting Your Account or profile without assigning any reasons whatsoever, if You have breached any provision of the Agreement, or if Verse is required to do so by law (e.g., where the provision of the App are, or becomes, unlawful).

    5.3. Termination by You. If you want to terminate this Agreement, you must do so by uninstalling or deleting the App at any time, for any reason. On termination of this Agreement, all of Your profile content and other information may be deleted. However, certain details are maintained with Us for archival and legal purposes.

    5.4. Effect of Termination. Termination of the Agreement, your Account, or of your access to or use of the App may include removal of access and barring of further use of App. Termination of this Agreement or your Account also includes disassociation or deletion of your username, your password and, all related information, files and user content associated with or inside your Account (or any part thereof), including your user content. Upon termination of the Agreement, your right to use the App, including mobile software will automatically terminate. Verse will not have any liability whatsoever to you for any suspension or termination, including for deletion of your user content. All provisions of the Agreement which by their nature should survive, shall survive termination of this Agreement, including without limitation, warranty disclaimers, governing law, and limitations of liability.

  1. Representations and Warranties

    6.1. This App is provided by Verse "as is" and on an "as available" basis and Verse and its affiliates, and their officers, directors, employees, and agents make no warranties and hereby disclaim any express or implied warranties, including, but not limited to, the implied warranties (collectively, "warranties") of merchantability and fitness for a particular purpose are disclaimed. 

    6.2. In no event shall Verse be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this App, even if advised of the possibility of such damage. You agree that Your use of the App shall be at Your sole risk. To the fullest extent permitted by law, Verse disclaims all warranties, express or implied, in connection with the use of the App.

    6.3. Verse makes no guarantees, representations, or warranties that use or results of the use of the App will be accurate, timely, reliable, uninterrupted, or without errors. Without prior notice, Verse may modify, suspend, or discontinue any part or all of the App or Your use of the App. In such an event, Verse or its affiliates will not be liable to You or any third party.

    6.4. Verse makes no guarantees, representations, or warranties that the App will be free of viruses or similar contamination or destructive features. You agree that You assume all risk as to the quality and performance of the App and its accuracy and completeness.

  1. Privacy Policy

    Please read Our Privacy Policy, which is incorporated into these Terms and governs Your use and access to the App. For the purpose of this App, Verse shall be using the same information and/or data provided by You to create an account on the Platform. 

  1. Intellectual Property Rights

    Except for your User Content, the App and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and user content belonging to other Users (the “Verse Property”), and all intellectual property rights therein or thereto, are the exclusive property of Verse or its licensors (including other Users who post user content on the App). Except as explicitly provided herein, nothing in this Agreement will be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Verse Property. Use of Verse Property for any purpose not expressly permitted by this Agreement is strictly prohibited. Visual Supply Company, Verse, and all related graphics, logos, service marks and trade names used on or in connection with the Services (“Verse Marks”) are the trademarks of Verse and may not be used without permission in connection with your or any third-party products or services.

    9.Third party IP/Links

    This App may contain links to other apps and websites. You understand that these linked sites are not under Verse’s control, and Verse is not responsible for the contents of such linked sites. These links have been provided to You only as a convenience and the inclusion of any such link does not imply endorsement by Verse of such parties or any association with such sites or its operators.

  1. No Liability

    10.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VERSE OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE APP AND ANY LOSS OR DAMAGE ARISING OUT OF OR IN RELATION TO ACTS OF GOD OR ACT OF THIRD PARTY THAT IS BEYOND THE CONTROL OF VERSE OR ITS AFFILIATES.

    10.2. VERSE OR ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGE FOR ANY DATA PROVIDED BY THE YOU OR ANY VIOLATION OF THIRD-PARTY RIGHTS OF WHATSOEVER NATURE, ARISING OUT OF OR IN ANY MANNER RELATED TO THE USE OR INABILITY TO USE THE APP.

  1. Indemnity

     You agree to defend, indemnify, and hold harmless Verse and its subsidiaries, agents, licensors, managers, and other affiliated companies and their employees, contractors, agents, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the App, including any data or content, including User content transmitted or received by you; (b) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties herein; (c) any damage or harm or any violation of any third-party right, including any right of publicity of privacy or intellectual property right caused by you or your user content; (d) your violation of any applicable law, rule or regulation; or (e) any other party’s access and use of the App with your unique username, password or other appropriate security code.

  1. Law, Jurisdiction and Arbitration

    These Terms shall be governed, interpreted and construed in accordance with the laws of and rules in force in India and shall be subject to the exclusive jurisdiction of the Courts in Bangalore and no other court.

  1. Communications and Support

    If You have any questions, complaints or claims with respect to the App, then such correspondence should be directed to the email address as given here: hello@joshcam.in

  1. No Waiver

    Save and except as expressly provided in this Agreement, no exercise, or failure to exercise, or delay in exercising any right, power, or remedy vested with Us under or pursuant to this Agreement, shall constitute a waiver by Us of that or any other right, power, or remedy.

  1. Severability

    If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from these Terms.

    The Terms and the Privacy Policy constitute the entire Agreement between You and Us with respect to the access and use of the App, superseding any prior written or oral agreements in relation to the same subject matter herein.

    I have read and understood the Terms and Conditions and I hereby, out of my free will, unconditionally accept to be bound by the same.