BY USING THE APP YOU ARE AGREEING TO THESE TERMS
We, Activated Realities Limited of International House, 12 Constance Street, London, England, E16 2DQ (company number 11384290), license you to use the SenseAR mobile application software (“App”) and any updates or supplements to it, as permitted in these terms.
The ways in which you can use the App may also be controlled by Apple’s App Store’s rules and policies and those of any other app store through which we may make the App available from time to time. Such rules and policies will apply instead of these terms where there are differences between the two.
This app will function on iPhone or iPad and as such requires Apple’s iOS operating system and it is recommended that you keep the operating version of the iOS software up to date so that functionality of the App is maintained.
We reserve the right to end support for the App at any time in the future and, as such, new versions and updates for the App may not be available on your device if it is not kept up to date with iOS software.
Contacting us (including with complaints). If you think the App is faulty or misdescribed or wish to contact us for any other reason please use our website contact form, available at https://activatedrealities.com/ .
How we will communicate with you. If we have to contact you we will do so through contact details that you may provide to us.
Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
In addition to the below usage restrictions, your attention is particularly drawn to the section below headed “Safe Use and Use Restrictions” as this provides information as to the limitations of the App and using it only in safe environments.
In return for your agreeing to comply with these terms you may:
· download one copy of the App onto one compatible device or any Apple-branded products that you own or control as permitted by the Apple Usage Rules and use the App on such device(s) for your personal purposes only.
· receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.
We are giving you personally the right to use the App as set out above. You may not otherwise transfer the App to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
We will give you at least 30 days notice of any change by notifying you of a change when you next start the App.
If you do not accept the notified changes you may continue to use the last version of the App released prior to the changes in accordance with the existing terms, in order to do so automatic updates would require to be disabled.
From time to time we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.
We are not under any obligation to update or to continue to support the App for any period of time.
If you download the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
The software for the App has been written with Unity and Unity may provide me with aggregated data as to use. Such data is not personal data as it is not possible to identify any user from such information. The purpose of the usage data is to allow us to understand how the App is being used and areas in which it could be improved.
The data that we may be supplied with includes:
• the steps of the tutorial that are accessed
• the starting of the main section of the App
• the use of the settings menu
• the duration of App usage
• the type of device on which the App is running
By using the App, you agree to us collecting and using such information.
As part of the information which we will receive from Unity, we will receive aggregated data as to countries that the App is being used in. This will refer to country only and nothing more specific or detailed than that. It is for statistical purposes.
You agree that you will:
· not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person;
· not copy the App;
· not translate, merge, adapt, vary, alter or modify, the whole or any part of the App nor permit the App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App on your device as permitted in these terms;
· not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
• is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
• is not used to create any software that is substantially similar in its expression to the App;
• is kept secure; and
• is used only for the Permitted Objective;
· comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App.
Use of the App is at your own risk and it remains your responsibility to ensure that you remain safe when using the App. Its use should only be as a back up to your normal safety practices and you should not rely on it for your safety.
· must ensure that the App is only used in safe environments which are free from hazards which could cause you injury;
· can enhance the operation of the App by switching on the device’s torch in order to increase the light available for use of the App;
· understand that any objects or people which may be moving in your surrounding environment will make it harder for the App to warn you of your immediate surroundings;
· can get a better result from the App if it is used with earphones which will assist by providing directional feedback when you may be close to objects, although when using earphones, you should remain generally aware of your surroundings.
· understand that the app may not always be reliable in certain situations and will be used to compliment your normal toolset and safety measures.
Additionally, you must:
· not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms;
· not infringe our intellectual property rights or those of any third party in relation to your use of the App; and
· not use the App in a way that could damage, impair or compromise our systems or security or interfere with other users.
All intellectual property rights in the App throughout the world belong to us (or our licensors) and the rights in the App are licensed (not sold) to you. You have no intellectual property rights in, or to, the App other than the right to use them in accordance with these terms.
Intellectual property. Apple will not be responsible for the investigation, defence, settlement and discharge of any intellectual property infringement claim related to the App.
We shall not be liable for direct or indirect damages caused by a possible delay, a change or loss of a service, product or material transferred through the Service. We are not liable for direct or indirect damages caused by interruptions and disturbances including loss or delay of data or changes in data due to technical defects or maintenance. Further, we disclaim any liability for direct or indirect damages caused to you by harmful programs (viruses, worms or the like) or incorrect content in the Services. We bear no liability for damages caused by you or by a third party.
Our maximum liability for direct damages caused to you or your property is at all times limited to the amount paid by you for the use of the Services or part of it during the twelve months immediately preceding the event that gave reasons for the claim. In the event the foregoing is deemed unreasonable by a court of competent jurisdiction, you agree that our liability is capped £10 (pounds sterling). We are never liable for any indirect or unforeseeable damages caused to you at any given circumstances.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of the liability of we shall be the minimum permitted under such applicable law.
We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Warranty. No warranty: you expressly acknowledge and agree that use of the licensed application is at your sole risk. To the maximum extent permitted by applicable law, the App and any services performed or provided by the App are provided "as is" and “as available,” with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the App and any services, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and of noninfringement of third-party rights. No oral or written information or advice given by us or our authorized representative shall create a warranty. Should the App or services prove defective, you assume the entire cost of all necessary servicing, repair, or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
It remains your responsibility to ensure that you are safe when using the App. Its use should only be as a back up to your normal safety procedures and you should not rely on it for your safety.
Refund. 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; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
Legal compliance. You must 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.
Third party terms of agreement. You must comply with applicable third-party terms of agreement when using the App.
Third party beneficiary. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon your acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the End-User as a third party beneficiary thereof.
Check that the App is suitable for you. The App has not been developed to meet your individual requirements. Please check that the facilities and functions of the App (as described on the App Store) meet your requirements.
We are not responsible for delays. If our support for the App is delayed, we will not be liable for delays caused.
We may end your rights to use the App at any time if you have broken these terms in a serious way and we reserve the right to take steps to contact you. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the App:
· You must stop all activities authorised by these terms, including your use of the App.
· You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
We may transfer our rights and obligations under these terms to another organisation. We will ensure that the transfer will not affect your rights under the contract.
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement aside from those set out within this agreement.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
These terms and conditions shall be governed by and construed in accordance with English law.
Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.