Updated: June 9, 2025
Thank you for choosing Timemark.
This Service Agreement (this “Agreement”) is an agreement between OCEAN GALAXY PTE. LTD. (“we”, “us” or “our”) and you or the entity you represent (“you” or “your”), which contains the terms and conditions that govern your use of Timemark (“Timemark” or “our Services”). By clicking “I Accept,” or by downloading, installing, or otherwise accessing or using our Services, you agree that you have read and understood, and, as a condition to your use of our Services, you agree to be bound by the following terms and conditions. If you are not eligible or do not agree to the terms, then you do not have our permission to download and/or use our Services.
If you access or use our Services from within a jurisdiction for which there are separate supplemental terms, you also hereby agree to the supplemental terms applicable to users in each jurisdiction as outlined below, and in the event of a conflict between the provisions of the Supplemental Terms – Jurisdiction-Specific that are relevant to your jurisdiction from which you access or use our Services, and the rest of this Agreement, the relevant jurisdictions’ Supplemental Terms – Jurisdiction-Specific shall prevail and control. If you do not agree to this Agreement, you must not access or use our Services.
Timemark IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 13, OR IN CERTAIN JURISDICTIONS, UNDER THE AGE OF 16 (the “Minors”) and we do not knowingly collect information from Minors. If you are between the age of 13 (or 16 in certain jurisdictions) and 18, you must have permission from your legal guardian before you are permitted to use our Services.
(1) acknowledge that you have read, understand, and agree to be bound by this Agreement and the Privacy Policy.
(2) represent that you have the authority to enter into this Agreement (including all of the terms and conditions specified or referenced below, including the Privacy Policy); and
(3) agree that you are entering into and agree to adhere to this Agreement (including all of the terms and conditions specified or referenced below, including the Privacy Policy) with us. In addition, when using particular services in connection with the Timemark, you shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions or other operating rules, policies, and procedures in addition to those in this Agreement (“Additional Terms”).
We amend this Agreement from time to time, for instance when we update the functionality of our Services, when we combine multiple apps or services operated by us or our affiliates into a single combined service or app, or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to this Agreement, such as through a notice on our Services, however, you should look at this Agreement regularly to check for such changes. We will also update the “Last Modified” date at the top of this Agreement, which reflects the effective date of such terms. Your continued access or use of our Services after the date of the new terms constitutes your acceptance of the new terms. If you do not agree to the new terms, you must stop accessing or using Timemark.
(1) We hereby grant you a non-exclusive, non-transferable, revocable, limited license, without the right to grant or authorize sublicenses, to use Timemark, provided that you will use the Timemark only as permitted by this Agreement.
(2) You agree to use Timemark in a reasonable and legal manner in accordance with this Agreement. Unless otherwise stipulated, you may only view, share, use photos, videos and other content via Timemark for your personal and non-commercial purposes, and you may not transfer your rights under this Agreement, whether for consideration or free of charge, without our prior written consent.
You understand and agree that:
(1) You must be 13 years or older to use Timemark (with additional limits that may be set forth in the “Supplemental Terms – Jurisdiction-Specific”).
(2) You are solely responsible for your conduct and any and all information or material including, without limitation, data, text, images, graphics, photos and links (otherwise known as “content”) that you submit and display on our Services. You shall not produce, store or post any following information via Timemark:
(3) You may not:
i. photos or other content that contains gambling, violence, discrimination, nudity, eroticism or sexual innuendo;
ii. information that infringes the legitimate rights of others, including, but not limited to, the reputation right, portraiture right, privacy right and intellectual property rights;
iii. information that contains content defaming, coercing, humiliating, abusing, harassing, threatening, palming off/passing off or intimidating another person or entity, or personal information of another person or entity including, but not limited to, credit card information, social security number or other national identification numbers, non-public telephone number or non-public email address;
iv. information that creates unfair competition, including, but not limited to, content with ownership/intellectual property rights markings that have been tampered with, added, deleted or removed, and unauthorized content;
v. information that violates the terms of this Agreement, laws, rules, regulations, policies, social order and information that disturbs Timemark’s normal operation;
vi. information that contains unsolicited or unauthorized advertising, promotional materials, email, spam or other forms of solicitation;
vii. information that helps or encourages others to do any of the above; or
viii. information that is otherwise deemed inappropriate by us.
(4) Although we are not obligated to monitor access to or use of Timemark or to review or edit any User Content, we have the right to do so for the purposes of operating Timemark, to ensure compliance with this Agreement and to comply with applicable law or other legal and regulatory requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole and absolute discretion, consider any Content to be objectionable or in violation of this Agreement. We have the right to investigate violations of this Agreement or conducts that affect the operation of Timemark.
(5) If you violate this Agreement, you agree that we may, at our sole and absolute discretion or as required by applicable law, rules, regulations and policies, and without notice to you, take any action deemed appropriate by us, including, without limitation: (i) removing any offending User Content; (ii) suspending or terminating your access to Timemark, (iii) ceasing to provide any services related to Timemark.
You acknowledge and agree that the Team Feature is operated and managed by organizations or enterprises via designated Team Administrators. Timemark Camera only provides technical services to support such functions.
By joining a team as a member, you authorize the designated Team Administrator to manage data within the scope of the team, including but not limited to: content categorization, member permissions, data retention, and export.
You confirm that before uploading or sharing any content (such as photos or videos) within the team, you have the necessary rights and understand that such content may be viewed and used by other team members until removed by the Administrator.
If you act as a Team Administrator, you are responsible for ensuring that all team members have been fully informed and have consented to the data management practices. You agree not to abuse your authority and shall be liable for any misuse of data under your control.
Even if you delete or deactivate your account, any content you shared within the team remains under team-level management. You may not unilaterally request its deletion. We will anonymize any personally identifiable information in accordance with our Privacy Policy.
You retain the right to communicate with the Administrator about data handling and may opt out of the team to terminate data sharing at any time.
We respect intellectual property rights and ask that you do the same. As a condition of your access to and use of our Services, you agree not to use our Services to infringe on any intellectual property rights.
(1) Definitions. For purposes of this Agreement: (i) “Content” means text, audio, photos, images, videos, graphs, and other information, material or content, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through Timemark; (ii) “Our Content” means any Content that is, either directly or indirectly, posted, generated or otherwise made available to users of Timemark (including you) through Timemark by us; and (iii) “User Content” means any Content uploaded or provided by users of Timemark and to be made available through Timemark, but excluding any Our Content (or derivatives thereof).
(2) Content Ownership. We do not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, we and our licensors exclusively own all right, title and interest in and to Our Content and all associated intellectual property rights. You acknowledge that Timemark and Our Content are protected by copyright, trademark, and other laws of the United States and other foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Timemark or Our Content. For greater certainty, if you incorporate any of Our Content into your User Content (for example, images, designs that we provide that you add to User Content you create or share), we will retain all rights to Our Content and any derivatives thereof.
(3) Rights in Your User Content. By making any User Content available through Timemark, you hereby grant to us a non-exclusive, irrevocable, perpetual, transferable, worldwide, royalty-free license, with the right to sublicense, to: (i) use, copy, modify, adapt, communicate, make available, distribute, publicly display, publicly perform and do all other acts comprised in any intellectual property rights in or to your User Content in connection with operating Timemark and providing services to you and to other users of Timemark, in any form, format, media or media channel now known or later developed or discovered; and (ii) optimize and promote Timemark. In the event that such User Content contains the personal information, likeness and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such information and that we and our sub-licensees are allowed to use them to the extent indicated in this Agreement.
(4) Your Responsibility for Your User Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under this Agreement. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through Timemark, nor any use of your User Content by us on or through Timemark will infringe, misappropriate or violate any third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable laws, rules or regulations.
You agree to defend, indemnify, and hold harmless Timemark, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of this Agreement or arising out of a breach of your obligations, representation and warranties under this Agreement.
You agree to use Timemark at your own risk. Timemark is provided on an “as is” and “as available” basis without any representation or warranty, whether express, implied or statutory, all of which are hereby disclaimed to the maximum extent permitted under applicable law. Without limiting the generality of the foregoing, we specifically disclaim any warranties relating to title, merchantability, fitness for a particular purpose and non-infringement. We do not make any representations or warranties that access to any part or feature of Timemark, or any of the materials contained therein, will be continuous, uninterrupted, timely, error-free, or secure. The operation of Timemark may be affected by numerous factors beyond our control. We make no representations or warranties as to the quality, suitability, usefulness, accuracy, or completeness of Timemark or any materials contained therein.WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.
To the maximum extent permitted under applicable law, we will not be liable to you for any loss of profits, loss of anticipated savings, loss of opportunity, loss of reputation or any consequential, special, indirect, or incidental damages arising out of or in connection with this Agreement and/or your use of Timemark, even if we have been advised of the possibility of such damages except in the cases where our willful misconduct or gross negligence causes loss or damage to you. If to any extent our liability is not or cannot be excluded, the aggregate liability of us, our affiliates, and service providers, or any of our or their respective officers, directors, agents, joint venturers, employees or representatives, to you or any third party in any circumstance is limited to the lesser of: (i) the actual fees paid to us by you in the preceding three (3) months; and (ii) US$100 dollars. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, our liability will be limited to the fullest extent permitted.
We are not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents and our affiliates and service providers, or any of their respective officers, directors, agents, joint venturers, employees or representatives, from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
Your use of Timemark may be affected by force majeure circumstances or other factors, including, but not limited to, the following: political or social circumstances, natural disasters, economic crisis, computer virus or hacker attacks, server or system instability, your location, technical limitations, network quality, and failures of communication lines or computers or other matters beyond our control (hereinafter collectively referred to as “Force Majeure Events”). In the event of the occurrence of any Force Majeure Events, for the duration of such Force Majeure Events, Timemark shall have no liability to perform any of its obligations affected thereby, which obligations shall be suspended, and Timemark shall not have any liability for losses you may incur attributable to any Force Majeure Events to the maximum extent permissible by applicable law.
Except as otherwise stipulated in this Agreement, we shall have the right to modify, suspend, or terminate the operation of Timemark at any time, in our sole and absolute discretion and without any notice. We shall assume no responsibility for any such modification, suspension or termination. It is your responsibility to appropriately update, backup and transfer the data generated and created in connection with your use of Timemark.
Subject to the “Supplemental Terms – Jurisdiction-Specific”, this Agreement, their subject matter and their formation, are governed by the laws of Singapore. Any dispute arising out of or in connection with this Agreement, including any question regarding existence, validity or termination of this Agreement, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") then in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English.
(1) Inherent Risks. You accept and acknowledge that there are inherent risks associated with utilizing an Internet-based service including, but not limited to, the risk of failure of hardware, software and Internet connections, the risk of malicious software introduction, data loss, and the risk that third parties may obtain unauthorized access to your User Content.
(2) Acceptance of Risks. You understand and agree that you have fully considered the risk of data provided and transmitted through the Internet to our Services and are willing to take the risk. You hereby confirm that you will undertake and accept the consequences of any data loss. We will assume no responsibility for any data loss that is not solely caused by us.
This Agreement is prepared and drafted in English, but may be translated into other languages. Should any conflict arise between the English language version of this Agreement and any translation hereof, the English language version shall prevail.
If you have any questions regarding this Agreement, please contact us by email at timemarkofficial@gmail.com.
(1) Brazil. If you are using our Services in Brazil, the following Additional Terms apply. In the event of any conflict between the following Additional Terms and the provisions of the main body of this Agreement, the following terms shall prevail.
l Representation/assistance of parents and guardians. (i) if you are over 16 but under 18, you can only use upon the assistance of your parent or legal guardian and represents and warrants that you have obtained assistance in using the Services and agreeing to this Agreement; (ii) if you have more than 13 years but less than 16 years, you can only use with the representation of your parents or legal guardians and must obtain agreement from your parents or legal guardians for your use of the Services and acceptance of this Agreement.
Il Applicable Law and Jurisdiction. This Agreement, their subject matter and their formation, are governed by Brazilian law. You and we both agree that the courts of Brazil will have exclusive jurisdiction.
(2) India. If you are using our Services in India, the following Additional Terms apply. In the event of any conflict between the following Additional Terms and the provisions of the main body of this Agreement, the following terms shall prevail.
l Accepting the Agreement. By agreeing to this Agreement and by accessing or using our Services, you acknowledge that you have read and understood this Agreement and provide your consent to be bound by this Agreement and our Privacy Policy.
Il Your access to and use of our Services. You may not use the services to upload, transmit, distribute, store or otherwise make available in any way (including for the purposes of creating and/or streaming content) any User Content that:
is obscene, pornographic, paedophilic;
is relating to or encouraging money laundering or gambling, or otherwise any activity that is unlawful in any manner whatsoever;
harms minors in any way;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
IIl User–Generated Content. You hereby irrevocably waive any right to raise any objection or other claim before any authority including any copyright board in relation to the rights granted and licensed to us under this Agreement, including any right under the provisions of section 30A of the (Indian) Copyright Act, 1957 or other applicable law. The above waiver is granted by you in favour of us and all of our group companies, affiliates and successors in title and interest, whether existing or in future.
IV Indemnity. In the event you are required to indemnify us pursuant to this Agreement or any order or ruling of a court of law, you will obtain all necessary approvals and consents from regulatory authorities for the remittance of such amount to us.
(3) Indonesia. If you are using our Services in Indonesia, the following Additional Terms apply. In the event of any conflict between the following Additional Terms and the provisions of the main body of this Agreement, the following terms shall prevail.
l Accepting the Agreement. By participating in the service, you represent that you are at least 21 years of age or married or not under guardianship. If you are below 21 years old and you are not married, you represent and warrant that you have obtained consent from your parent(s) or legal guardian(s) unless you indicate otherwise. By consenting, your parent(s) or legal guardian(s) are agreeing to take responsibility for: (i) all your actions in connection with your access to the service; (ii) any fees or charges associated with your use of any of the Services (as applicable); (iii) your compliance with this Terms; and (iv) ensuring that any of your participation in Services will not, in any event, result in any violation of applicable laws and regulations relating to child protections.
Il Limitation of Liabilities. No limitation of liabilities set out in Section 8 (Limitation of Liability) above shall not be applicable to the extent any loss or damage is incurred by you as a result of our willful misconduct or negligence.
IIl Age Limit. The service is only for people 14 years old and over in Indonesia.
(4) Mexico. If you are using our Services in Mexico, the following Additional Terms shall apply. In the event of any conflict between the following Additional Terms and the provisions of the main body of this Agreement, the following terms shall prevail.
l If you are under the age of 18, you may only use the service with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed, discussed and agreed to this Agreement, with you.
(5) European Union and the United Kingdom. The following specific provisions apply to users in the European Union and the United Kingdom:
l In addition to the choice of law provided in Section 12 of this Agreement, the following shall apply: The statutory provisions limiting the choice of law remain unaffected. In particular, within the territorial scope of Article 6(2) of European Union Regulation (EC) No. 593/2008 (so-called “Rome I Regulation”) the following applies: If the law of the country where you, as a consumer, at the time of conclusion of the contract have your habitual residence (hereinafter “right of residence”) contains provisions for your protection which may not be deviated from by agreement under the right of residence, the (more favorable) provisions of the right of residence apply to you. Therefore, you enjoy the protection of the mandatory provisions of the right of residence despite the choice of law pursuant to Section 12 of this Agreement.
.svg){kind=small}
