The Tell Evelover Group

Terms of Use

[ms_divider style="normal" align="center" width="90%" margin_top="15" margin_bottom="20" border_size="1" border_color="#666666" icon="" class="" id=""][/ms_divider] [ms_accordion style="simple" type="2" class="faqs" id=""] [ms_accordion_item title="Introduction" color="#ffffff" background_color="#5e1327" close_icon="" open_icon="" status="close"]These are the Terms of Use (Terms) for User’s of the Angels With Me (AWM) photo album application (App) developed and owned by The Tell- Evolver Group LLC, USA.

Please read these Terms carefully before using the AWM application, by installing and using the AWM app you agree to be bound by these Terms of Use. These Terms affect your legal rights and obligations. If you do not agree to be bound by all of these Terms, do not install and use the AWM application. These Terms apply to all user’s of the AWM app, it is important that you take time to read the Terms prior to installing the AWM app. In addition a Privacy Policy for the AWM app is available on our company website and should be viewed prior to installation of app.

The Tell Evolver - Group LLC reserves the right to make changes to the Terms from time to time as law, regulatory, or functionality of the app require the Terms to change. The Terms should be reviewed regularly to confirm current Terms.Updated Terms will appear on the App’s website dated, and effective, as of its posting, disagreement with updated Terms requires termination of use of the App,continued use of the App will be viewed as acceptance of Terms.[/ms_accordion_item] [ms_accordion_item title="App Definitions and Responsibilities" color="#ffffff" background_color="#5e1327" close_icon="" open_icon="" status="close"]The App allows Users to create photo album pages from their device’s photo/image storage files and share with others through a user’s share links,or to capture (screenshot) and store page images on their device and share from device’s other programs,services, or accounts at User’s direction independent of App.

To use the AWM app you must install the App on your device,by installing the App you warrant that; You are legally, or have obtained Parental consent, capable of entering into binding contracts, you are at least 18 years old, you are not in anyway prohibited by the applicable law in the jurisdiction which you are currently located to enter into these Terms for the use of the AWM app,and/or you are the legal guardian or parent of any child you supervise and by your consent authorize installation of the App, and additionally,to all User’s, you agree that you are solely responsible and liable for all activities carried out by your use of the App. Without prejudice to any other rights and remedies available to The Tell - Evolver Group LLC, The Tell-Evolver Group LLC reserves the right to promptly disable and suspend your access to the App in the event that The Tell - Evolver Group LLC has any reason to believe you have breached any of the provisions set out herein.

The Tell - Evolver Group LLC shall be entitled at its own discretion to; reserve the right to make any changes to the App including any functionality and content therein or to discontinue any aspect of the same without notice to you, and to suspend the App at any time and for any reason whatsoever,including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any losses,damages,costs or expenses arising from or in connection with any suspension or unavailability of the App, including but not limited to preventing you from using any of the Services available on the App.

The Tell - Evolver Group LLC relieson Third Party providers;communication networks, data centers, app stores, to make the App and the content therein available to you. Whilst The Tell- Evolver Group LLC takes all reasonable steps to provide you with service, you acknowledge and agree that The Tell - Evolver Group LLC does not warrant that the App shall be uninterrupted or fault-free at all times. The Tell -Evolver Group LLC therefore shall not be liable in anyway for any losses you may suffer as a result of delays or failures of the App as a result of Third Party service providers.

The App may include links to other websites and services that are not owned or operated by The Tell - Evolver Group LLC, such links are provided to you only as a convenience and The Tell - Evolver Group LLC is not responsible for the content or links displayed on such websites. You are responsible for and assume all risk arising from your use or reliance on any Third Party website or service.

When downloading the App from any app store, or other distribution platform, you acknowledge and agree that; these Terms are concluded between you and The Tell - Evolver Group LLC and not with the App Provider, that the App Provider has no obligation to provide any maintenance or support services with respect to the App, and in the event of any initial failure of the App to conform to any applicable warranty you may notify the App Provider and the App Provider will refund the purchase price for he App to you, if plausible. To the extent permitted by applicable law,the App Provider will have no other warranty obligation whatsoever with respect to the App, other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of The Tell - Evolver Group LLC. The App Provider is not responsible for addressing any claims you have or claims of any Third Party relating to the App or your possession and use of the App, including, but not limited to; product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection legislation.

The App Provider and its subsidiaries are Third Party beneficiaries of these Terms as related to your license of the App.Upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right, and will be deemed to have accepted the right,to enforce these Terms as related to your license of the App against you as a Third Party beneficiary. You must also comply with all applicable Third Party terms of service when using the App.[/ms_accordion_item] [ms_accordion_item title="User’s use of App" color="#ffffff" background_color="#5e1327" close_icon="" open_icon="" status="close"]A User’s use of the App is subject to, without exclusion, to the following: You may submit User created Content displayed in the App’s album pages and home screens to locations outside of App. You shall not submit any Content that, in The Tell - Evolver Group LLC’s reasonable opinion, may be deemed offensive, illegal, inappropriate or that in any way; promote racism, bigotry, hatred or physical harm of any kind against any group or individual, harass or advocate harassment of another person; display pornographic or sexually explicit material; promote any conduct that is abusive, threatening, obscene, defamatory or libelous; promote any illegal activities, provide instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses; promote or contain information that you know or believe to be inaccurate, false or misleading; engage in or promote commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without the prior written consent of The Tell - Evolver Group LLC; or infringe any right of any third party. You agree that The Tell - Evolver Group LLC, at its sole discretion, may choose to remove any Content or any part of the same that you upload via the App. You warrant and represent that you own or are licensed to use any and all copyright, patents, trademarks (registerable or non-registerable), designs, in all Content you upload via the App.

Nothing in these Terms will serve to transfer ownership of User Content or the Intellectual Property rights therein to The Tell - Evolver Group LLC. You hereby grant to The Tell - Evolver Group LLC: A non-exclusive, worldwide, perpetual, irrevocable license to use your Content to the extent necessary for The Tell - Evolver Group LLC to provide promotional opportunities for The Tell - Evolver Group LLC.[/ms_accordion_item] [ms_accordion_item title="Intellectual Property Rights" color="#ffffff" background_color="#5e1327" close_icon="" open_icon="" status="close"]The Tell - Evolver Group LLC owns all the Intellectual Property Rights relating to the App. You are expressly prohibited from: Reproducing, copying, editing, transmitting, uploading or incorporating into any other materials any portion of the App, and removing, modifying, altering or using any registered or unregistered trademarks/designs/logos/screen layouts owned by The Tell - Evolver Group LLC, or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of The Tell - Evolver Group LLC or could be considered an infringement of any of the rights in the Intellectual Property Rights owned by and/or licensed by The Tell - Evolver Group LLC. Provided that The Tell - Evolver Group LLC is unaware of any infringement of any third party intellectual property rights at the time you submit any Content, The Tell - Evolver Group LLC shall not be liable in any way to you or any third party for any breach of such rights subsequently notified to you, the User, or The Tell - Evolver Group LLC.[/ms_accordion_item] [ms_accordion_item title="Links to Online Services" color="#ffffff" background_color="#5e1327" close_icon="" open_icon="" status="close"]The AWM app has limited, and identifiable, access to online websites and Third Party Services that are not owned or controlled by The Tell - Evolver Group LLC. The Tell - Evolver Group LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Third Party Website or Services. You further acknowledge and agree that The Tell - Evolver Group LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Website or Services. We suggest you read the Terms and Conditions and Privacy Policy of any Third Party Website or Services that you visit.[/ms_accordion_item] [ms_accordion_item title="Warranty and Limitation of Liability" color="#ffffff" background_color="#5e1327" close_icon="" open_icon="" status="close"]To the maximum extent permitted by applicable law the App is provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including without limitation, warranties of fitness for a particular purpose, accuracy, completeness, current-ness, freedom from interruption, viruses or other defect, and non-infringement.

If The Tell - Evolver Group LLC fails to comply with these Terms, The Tell - Evolver Group LLC shall be entitled to be given a reasonable opportunity to rectify any errors and to re-perform its obligations hereunder, if The Tell - Evolver Group LLC’s failure to comply with its obligations is not remedied as stated above then The Tell - Evolver Group LLC’s total liability shall be limited to $0.99 USD, as such The Tell - Evolver Group LLC shall not be liable for losses that result from its failure to comply with these Terms that fall into the following categories; consequential, indirect or special losses; loss of profits, income or revenue; loss of savings or anticipated savings or production; loss of contracts; loss of opportunity or expectations; loss of goodwill and/or reputation; loss of opportunities; loss of data; or loss of management or office time - whether caused by tort, breach of contract or otherwise, even if foreseeable.

Nothing in these Terms excludes or limits The Tell - Evolver Group LLC liability for death or personal injury caused by negligence; fraud or fraudulent misrepresentations, or any other matter for which it would be illegal for The Tell - Evolver Group LLC to exclude or attempt to exclude its liability. The Tell - Evolver Group LLC does not in any way participate nor shall be liable in any way for whatever reason for any communication, transaction, or relationship between you and other Users. The Tell - Evolver Group LLC therefore recommends that you take all safety precautions when contacting, socializing and engaging in social gatherings or meetings with other Users.

The Tell - Evolver Group LLC shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by events outside its reasonable control, Force Majeure Events.

If you have reason to believe that any of the Terms herein have been breached or you have a complaint, please email us at: company@thetellevolvergroup.com with a description of your issue, we will respond within a reasonable period of time.
[/ms_accordion_item] [ms_accordion_item title="Termination of Use" color="#ffffff" background_color="#5e1327" close_icon="" open_icon="" status="close"]A contract with The Tell - Evolver Group LLC shall be formed at the time you commence installation and use of the AWM app. You may terminate your contract with The Tell - Evolver Group LLC by uninstalling the App. The Tell - Evolver Group LLC shall be entitled at its own discretion to discontinue the App and delete all Content at any time and for any reason whatsoever. In such event The Tell - Evolver Group LLC shall post to its website a notification not less than 30 days prior to discontinuing the App. During such period of notice you should ensure that you have procured a copy of all User Content that you own and that you require contained within App album pages.

We may terminate a User’s access to App, immediately, without prior notice or liability, for any reason whatsoever, including without limitation, if you breach these Terms of Use. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
[/ms_accordion_item] [ms_accordion_item title="Governing Law" color="#ffffff" background_color="#5e1327" close_icon="" open_icon="" status="close"]These Terms shall be governed and construed in accordance with the laws of United States of America without regard to its conflict of law provisions.

The Tell - Evolver Group LLC’s failure to enforce any right or provision to which it is entitled to under these Terms shall not be considered a waiver of those rights and shall not relieve you from compliance with such obligations. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute an agreement between us regarding use of the AWM app. You acknowledge that in entering into these Terms, you have not relied on any representation, undertaking, or promise given by or implied from anything said or written whether on the App, the internet, or in negotiation between you and The Tell - Evolver Group LLC except as expressly set out in these Terms.

Effective as of: January 2023 [/ms_accordion_item] [/ms_accordion]

Privacy Policy

[ms_divider style="normal" align="center" width="90%" margin_top="15" margin_bottom="20" border_size="1" border_color="#666666" icon="" class="" id=""][/ms_divider] [ms_accordion style="simple" type="2" class="faqs" id=""] [ms_accordion_item title="Introduction" color="#ffffff" background_color="#5e1327" close_icon="" open_icon="" status="close"]This Privacy Policy describes the policies and procedures of The Tell - Evolver Group LLC (us, we), owner of the Angels With Me (AWM) mobile app, and is posted in regards to, and governs your use of, only the AWM app and its collection, use, and disclosure of Personally Identifiable Information (PPI) from use of the installed AWM photo album app.

This Privacy Policy does not apply to the use of, or practices of, Third Party Services that we do not own or control that you access, refer to their Privacy Policies for explanations of usage, through the app’s “share”, messaging, or other capabilities.[/ms_accordion_item] [ms_accordion_item title="What information do we collect?" color="#ffffff" background_color="#5e1327" close_icon="" open_icon="" status="close"]No registration, or sign-in, is required to use the AWM app and no Personally Identifiable Information is collected by the AWM app, its users are deemed anonymous and unidentifiable by the app in all regards. Service updates for the AWM app are sent via app stores when new versions are posted and available in app retail stores.

GDPR compliance and the AWM app. As the app collects no Personally Identifiable Information (PPI) - Personally Identifiable Information defined as any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier, data that a user has explicitly supplied - of Data Subjects, users governed by GDPR, it adheres in principle to all applicable requirements.  In regards to the app's use of Third Party Services, as named below, we have signed Data Processing Agreements with and have verified their compliance with the GDPR and the EU_US Privacy Shield Framework's Privacy Shield Principles.  In regards to GDPR requirements of; Right to Erasure, Right of Access, Right to Data Portability, Right to Rectification, Subject Access Requests, and Right to Object pertaining to data of users, as the app collects no PPI it assumes an unencumbered relationship to these requirements.

The AWM app content is rated for Teen, though it is in no way directed at, promoted, or knowingly engaged in soliciting children under the age of 13. To govern usage of children under the age of 13 adult supervision of app installation should be performed. If a parent or guardian approves of the installation of the AWM app, they are elected to monitor its usage.

Third Party Services installed in the AWM app; Google Analytics. This SDK is installed within the app to send on anonymous aggregated basic analytic data for usage, error, and service issues as a way to optimize app performance and function. You can opt-out of Google Analytics by going to: Google Settings, in your device’s Settings/Accounts menu, though no Personally Identifiable Information is collect nor are any ad services, or ads, contained in app. This Third Party Service may collect certain anonymous information automatically during use including, number of active users/sessions, duration of sessions, screen views, app first launches, app uninstalls, app versions/updates in use, the brand, model, language, and category (mobile/tablet) of device(s) in use, a device's general location - Country/State/City only - a device's mobile operating system and carrier.  This information about usage of AWM is collected in aggregate and stored solely by us.
[/ms_accordion_item] [ms_accordion_item title="What Personally Identifiable Information do we share with others?" color="#ffffff" background_color="#5e1327" close_icon="" open_icon="" status="close"]None, the app collects no Personally Identifiable Information.  Of the data collected by the Third Party Service described above, and stored by us, a minimal amount of in aggregate anonymous data is shared for technical maintenance, with the following exceptions. We may share a User’s Analytic Data Information to respond to legal requirements, when legally required, or at the request of governmental authorities, and may share User’s Analytic Data Information with a successor entity or in connection with a corporate merger, consolidation, sale of assets or other corporate reorganization provided that use of User’s Analytic Data Information is in compliance with this Privacy Policy.

We take technical and administrative precautions to safeguard your Analytic Data Information against loss, theft, misuse, and unauthorized access, alteration, or destruction though we cannot prevent, or control, server based issues that may cause User’s Analytic Data Information to be leaked to the public through criminal, mischievous, malicious, technical malfunction, or otherwise.

We will retain User’s Analytic Data Information for as long as you use the AWM app and for a reasonable time thereafter. We will retain Automatically Collected information for up to 26 months and thereafter may store it in aggregate. Please note that some or all of the User’s Analytic Data Information may be required in order to for the AWM app to function properly.[/ms_accordion_item] [ms_accordion_item title="Changes to Privacy Policy" color="#ffffff" background_color="#5e1327" close_icon="" open_icon="" status="close"]We reserve the right to change, update, or modify this Privacy Policy at any time, such changes shall be noted by date on a updated AWM’s app Privacy Policy webpage. A periodic visit to this policy webpage is encouraged to ensure familiarity with changes, if any, as continued use of AWM app is deemed approval of all changes.

Policy effective as of: January 2023

[/ms_accordion_item] [ms_accordion_item title="Contact Us" color="#ffffff" background_color="#5e1327" close_icon="" open_icon="" status="close"]Please feel free to contact us regarding the above policies by email to: company@thetellevolvergroup.com

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