These Terms of Service (the "Terms") are a binding contract between you and RealMaster Technology Inc., an Ontario, Canada corporation with its principal office at 50 Acadia Avenue, Unit #130, Markham, Ontario L3R 0B3, Canada ("RealMaster", "we", "us", or "our"). They govern your access to and use of the RealMaster Discover mobile application and related websites and services (collectively, the "Services").
You must be at least 13 years old to create an account and use the Services. If you are between 13 and the age of majority in your jurisdiction (typically 18 or 19), you may use the Services only with the involvement and consent of a parent or legal guardian, who agrees to be bound by these Terms on your behalf.
By using the Services you represent and warrant that (a) you meet the age requirement; (b) you have the legal capacity to enter into these Terms; (c) you are not barred from using the Services under the laws of your country of residence; and (d) all registration information you provide is accurate and current.
You retain all ownership rights you have in the videos, comments, profile information, and other materials you upload, post, or otherwise submit to the Services ("Your Content"). Submitting Your Content does not transfer ownership to us.
By submitting Your Content, you grant RealMaster a worldwide, non-exclusive, royalty-free, fully paid-up, transferable, sublicensable license to host, store, cache, reproduce, encode, transcode, modify (for technical purposes such as format conversion, thumbnail generation, and accessibility), publish, publicly perform, publicly display, distribute, and create derivative works of Your Content, solely for the purposes of:
This license terminates within a commercially reasonable period after you delete Your Content or your account, except (i) to the extent Your Content has been shared with or copied by other users who have not deleted it, (ii) for cached or backup copies that may persist in our systems for a reasonable period, and (iii) as required by applicable law.
By making Your Content available to other users, you grant each user a non-exclusive license to access and use Your Content through the Services as permitted by the Services' functionality (e.g., viewing, liking, sharing within the App).
You are solely responsible for Your Content and the consequences of submitting it. You represent and warrant that (a) you own or have all necessary rights to submit Your Content and to grant the licenses in Sections 3.2 and 3.3; (b) Your Content and our use of it as authorized will not infringe or violate the rights of any third party or any applicable law; and (c) Your Content complies with Section 4.
You agree not to upload, post, transmit, or otherwise make available any content that:
We may publish additional Community Guidelines that provide further detail on prohibited content; those guidelines are incorporated into these Terms by reference.
We operate a combination of mechanisms designed to identify and limit the distribution of content that violates these Terms or our Content Standards (Section 4). These mechanisms may include, individually or in combination:
Our moderation mechanisms operate at our discretion and we may evolve them over time. We do not represent that any particular item of content will be filtered, removed, or acted upon, or that any action will occur within any particular timeframe other than as stated in Section 5.3.
We reserve the right (but have no obligation) to review, monitor, remove, restrict, demote, or refuse to publish any content, and to take action on user accounts (including warnings, content removal, suspension, or permanent termination) at our sole discretion, including for violations of these Terms.
You can report content or users that violate these Terms through the in-app reporting feature available on every video and user profile. We will review reports within 24 hours of receipt and, where appropriate, take action consistent with our obligations under Apple App Review Guideline 1.2. The action taken (if any) is at our sole discretion based on the report's content, severity, and history.
You may block individual videos, users, or advertisers from your feed at any time via the in-app block feature. Blocked content will not appear in your recommendations, search results, or feed. Blocking is a one-way relationship and does not notify the blocked party.
Other than the filtering mechanisms described in Section 5.1, we do not pre-screen all user content and we are not responsible for content uploaded by users. Users are solely responsible for their own content.
In addition to violating the Content Standards in Section 4, you agree not to:
The Services, including all software, design, text, graphics, logos, trademarks, service marks, audio, and other materials (excluding Your Content and content licensed from third parties), are the exclusive property of RealMaster or its licensors and are protected by copyright, trademark, and other intellectual property laws. You receive no rights or licenses to use any of these elements except as expressly granted in these Terms.
If you believe that content on the Services infringes your copyright, please send a written notice to rmd.support@realmaster.com containing all of the following:
We will respond to valid notices in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) and analogous laws in other jurisdictions. Repeat infringers' accounts will be terminated. Knowingly submitting a materially misleading notice may result in liability under applicable law.
By you: You may delete your account at any time from Me → Edit Profile → Delete Account within the App. Upon deletion, your account profile, uploaded videos, likes, favorites, and blocked list are removed from active systems within a commercially reasonable period. However, for the purposes of platform safety, abuse prevention, fraud detection, moderator-appeal history, and compliance with legal obligations, we retain an account snapshot and any reports you have filed against other users for as long as necessary and legally permissible. The full list of what is removed, what is retained, the legal basis, and how to make a request regarding retained data is set out in the Privacy Policy at Section 6 (Data Retention) and Section 6.1 (Information Retained After Account Deletion). Residual copies may also persist for a reasonable period in encrypted backups, cached systems, and records we are required to retain by applicable law or legal process.
Reports you have filed remain after deletion. If you have submitted reports against other users (Section 7), those reports — including the report content, the reported target, and a reference indicating that you were the reporter — are retained as immutable safety-audit records even after you delete your account, in order to preserve moderator-appeal history, support law-enforcement and child-safety inquiries, prevent abuse-of-deletion patterns (i.e. deleting an account to remove past reporting activity), and otherwise comply with our legal obligations. The retention basis is set out in Privacy Policy § 6.1; see also Article 17(3)(e)(f) GDPR or equivalent provisions of applicable law.
By us: We may suspend, restrict, or terminate your access to all or part of the Services at any time, with or without notice and with or without cause, including for violations of these Terms. Provisions that by their nature should survive termination will survive (including Sections 3.2 surviving licenses, 7, 9, 10, 11, 12, 13, and 15).
The Services are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied.
To the maximum extent permitted by applicable law, RealMaster, its affiliates, and its licensors disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, title, quiet enjoyment, accuracy, and any warranties arising out of course of dealing or trade usage. We do not warrant that the Services will be uninterrupted, error-free, secure, or free from viruses or other harmful components, or that any defects will be corrected. You use the Services at your own risk.
To the maximum extent permitted by applicable law:
Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions, our liability is limited to the maximum extent permitted by law.
You agree to indemnify, defend, and hold harmless RealMaster, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to (i) your access to or use of the Services; (ii) Your Content; (iii) your violation of these Terms; or (iv) your violation of any law or the rights of any third party.
Before filing a claim, you agree to first contact us at rmd.support@realmaster.com and attempt to resolve the dispute informally for at least 30 days.
If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a "Dispute") shall be resolved by binding individual arbitration administered by the ADR Institute of Canada (ADRIC) under its applicable arbitration rules in effect at the time the arbitration is commenced. The seat of arbitration shall be Toronto, Ontario, Canada, and the arbitration shall be conducted in the English language by a single arbitrator. The arbitrator's decision shall be final and binding, subject only to limited judicial review under applicable law. The ADRIC rules and a list of arbitrators are available at adric.ca.
You and RealMaster each agree that any Dispute will be resolved only on an individual basis and not on a class, collective, consolidated, or representative basis. The arbitrator may not consolidate the claims of multiple parties.
Notwithstanding the foregoing, either party may (a) bring an individual claim in small-claims court; (b) seek injunctive or equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights; or (c) pursue claims that cannot be required to be arbitrated under applicable law.
You have the right to opt out of the arbitration and class-action waiver provisions in Sections 12.2 and 12.3 by sending written notice of your decision to opt out to rmd.support@realmaster.com within 30 days of first agreeing to these Terms. Your notice must include your full name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration.
These Terms and any Dispute are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to Section 12, the parties consent to the exclusive jurisdiction of the courts of the Province of Ontario located in Toronto, Ontario for any matter not subject to arbitration.
If you obtained the RealMaster Discover application from the Apple App Store, the following additional terms apply and, together with these Terms, constitute the end-user license agreement required by Apple Inc. ("Apple"). To the extent these Section 14 terms conflict with any other provision of these Terms with respect to your Apple App Store distribution of the App, this Section 14 controls.
You and RealMaster acknowledge that these Terms are concluded between you and RealMaster only, and not with Apple, and that RealMaster, not Apple, is solely responsible for the App and the content thereof. These Terms do not provide for usage rules for the App that are in conflict with the Apple Media Services Terms and Conditions as of the date you accept these Terms (which you acknowledge you have had the opportunity to review at https://www.apple.com/legal/internet-services/itunes/).
The license granted to you for the App is limited to a non-transferable license to use the App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
RealMaster is solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms or as required under applicable law. You and RealMaster acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
RealMaster is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you (if any); and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of RealMaster.
You and RealMaster acknowledge that RealMaster, not Apple, is responsible for addressing any claims of yours or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
You and RealMaster acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, RealMaster, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
The developer of the App is:
RealMaster Technology Inc.
Address: 50 Acadia Avenue, Unit #130, Markham, Ontario L3R 0B3, Canada
Telephone: +1-647-931-3331
Email: rmd.support@realmaster.com
Any end-user questions, complaints, or claims with respect to the App should be directed to the contact information above.
You must comply with any applicable third-party terms of agreement when using the App. For example, you must not be in violation of your wireless data service agreement when using the App, and your use of third-party services accessed through the App (such as Apple Sign-In, Google Sign-In, or map services) is subject to the respective provider's terms.
You and RealMaster acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
We may modify these Terms from time to time. If a modification is material, we will use reasonable efforts to notify you by in-app notice or by email in advance of the effective date, ordinarily at least 30 days beforehand, except where a shorter notice period is necessary to address security, legal, regulatory, or operational concerns. Continued use of the Services after the effective date of the modified Terms constitutes your acceptance of them. If you do not agree to the modified Terms, your sole remedy is to stop using the Services and delete your account.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it enforceable while reflecting the parties' original intent.
You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. We may freely assign these Terms.
These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and RealMaster regarding the Services and supersede any prior agreements on the subject.
Our failure to enforce any right or provision of these Terms will not be a waiver of that right or provision.
For questions about these Terms, please contact rmd.support@realmaster.com.