Gamified AR Quest Platform & Services Standard Terms & Conditions

Stewart Pearson | Commercial Director |

Standard Terms and Conditions

Updated 15 Jan 2024

1. Introduction

1.1 These standard Terms and Conditions apply when there is a Contract (Subscription Plan Agreement and/or Services Contract) between Flo-culture Ltd (“Flo-culture,” “we,” “us”) and the person or entity using our Services (“customer,” “you,” “your”). These Terms and Conditions govern the Contract and are the only applicable terms and conditions. They apply to all Services provided; no other Terms and Conditions will be considered.

1.2 The Contract is between you and us, so you may not require us to supply the Services to another person and no other person will be entitled to enforce the Contract against us.

1.3 To use any of the Services provided by us, you must agree to the Terms and Conditions outlined. You cannot use or access our Services if you do not agree to these terms. If you violate any of these terms, we may terminate your Contract.

1.4 We reserve the right to refuse to provide our Services to any person or entity without the obligation to explain our decision.

1.6 You must read, agree with, and accept all Terms and Conditions.

1.7 We may amend these terms by posting a revised version on its website.

2. Licence to use Gamified AR Quest Platform Software Services

2.1 We are granting you a non-exclusive and non-transferable license to use the Gamified AR Quest Platform Software Services for the duration of the Contract, subject to your payment of fees as specified. Please note that you do not have the right to grant sub-licenses. The license may be terminated earlier if service conditions are breached.

2.2 For the avoidance of doubt the Gamified AR Quest Platform Software Services are provided on a rental basis only and the Licence granted is subject to you paying the fees specified in the Contract.

2.3 You may use the Gamified AR Quest Platform Software Services only at the site(s) specified in the Contract.

2.4 You can use the Gamified AR Quest Platform Software Services solely to publish your AR Quests. Under no circumstances should you allow any third party to use the Gamified AR Quest Platform Software Services or use them on behalf of or for the benefit of any third party.

2.5 From time to time, we may issue an update to our Gamified AR Quest Platform and connected AR Quest Apps which may add, modify, and/or remove features. We will alert you to any changes in advance where practicable, but these updates may be pushed out automatically with little or no notice, especially in response to third party updates.

2.6 We reserve the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part of it). We will alert you to any changes in advance where practicable. Where these changes have a significant impact on the Services we provide you, you have the right to terminate your contract for Services by informing us in writing of your request. If you terminate the contract in this way you will not be entitled to a refund of the Price or any part of it that you have already paid. We won’t be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

3. App store approvals

3.1 When you use our Gamified AR Quest Platform Software Services to create an AR Quest App that you want to publish on the App stores we will be responsible for publishing your app on our developer account.

3.2 Part of this process involves gaining publishing approval for your app on the App and Google play Stores. We are experienced in securing approval, and are confident, especially since your AR Quest app has been created on our Gamified AR Quest Platform, approval will be given, however we are unable to guarantee acceptance. If in an exceptional circumstance your AR Quest App is not approved for publication, and you have followed advice we have given in relation to the content in your AR Quest, and your app is still not approved, you may terminate our Contract. In this situation you will not be liable for any future planned payments, however, we will not refund any previous fees paid.

4. Prices and payment

4.1 You shall make payments for Services at such time or times as are set out in the Contract or within 30 days of the date of Flo-culture’s invoice.  We will not make any refunds or credits for partial months of service or refunds for months when you do not use your Account.

4.2 All prices are quoted exclusive of value added tax or any replacement tax thereof (“VAT”) and the Customer shall pay VAT at the appropriate rate.

4.3 Prices of all Services, including but not limited to subscription plan fees, are subject to change upon 30 days’ notice from us. We will provide that notice anytime by posting the changes on our website and directly to paying customers.

4.4 If you are late in paying us we may charge you interest on the amount you owe us until the date it is actually paid at a rate of 5% above the base rate of the Bank of England. We may also suspend the provision of the Services until we are paid in full, provided we give you 48 hours’ written notice.

4.5 We will charge for any Services cancelled by the Customer, where at least 4 clear Working Days’ notice is not given.

4.6 If you fail to make any payment to us under the Contract on the due date then, without prejudice to any other right or remedy available to it, we may suspend the provision of Services described in the Contract without liability to you.

5. Your responsibilities

5.1 You will need to supply us with the information we need to set up an account and give us permission to use these details to contact you regarding the delivery of Services. We will not use these detail of any other purpose and wil not share or sell them onto any third party.

5.2 Once your AR Quest app(s) is/are live you will not use it/them for any purposes which may be unlawful or illegal or unacceptable for a family audience.

5.3 You must maintain exclusive possession of and control over access to the Gamified AR Quest Platform Software Services. It is your responsibility to implement adequate security measures to prevent any unauthorized access or use of our Software Services by anyone. We will not be liable for any loss or damage if you fail to comply with this security obligation.

5.4 If you know of anyone using the Gamified AR Quest Platform Software Services without authorisation, please notify us immediately. You agree to allow us, our employees, and agents to check the use of the Software Services at reasonable times. For this purpose, we may require entry to your premises.

5.5 You are not allowed to change, adjust, modify, or translate any portion of the Gamified AR Quest Platform Software Services in any manner. You are also prohibited from combining or integrating any part of the Gamified AR Quest Platform Software Services with any other computer programs, decompiling, disassembling or reversing the Software, or attempting to do any of these actions.

5.6 You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.

5.7 You agree to not to copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble our Service, or any part thereof.

5.8 You agree not to use, copy -in whole or in part- any copyrighted materials and/or content provided by us.

5.9 You agree to not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of our Services or systems or networks connected to our Services, or otherwise interfere with or disrupt the operation of any of our Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks.

5.10 You agree to allow us to use in perpetuity, worldwide and free of charge, any version of your AR Quest app or Workspace (or any part thereof) for any of our marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against us or anyone on our behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your Application with respect to such limited permitted uses.

6. Intellectual Property & Copyright

6.1 You retain ownership of the intellectual property rights (“IP”) in any content you supply to be displayed within the app or present in you Workspace.

6.2 You grant us a licence to use that content for the purposes of supplying the Services and you warrant to us that the IP in it is owned by you, or you have the right to use it within the app and that it does not infringe the rights of any third party.

6.3 You agree that if you provide any content that infringes third party IP and a claim is made against us in relation to that IP then you will fully compensate us for all losses (including but not limited to our reasonable legal costs) associated with any such claims.

6.4 We own all IP in the Software and the Services other than the IP in the content supplied by you. You do not have any right or licence to do anything with our IP.

7. Confidentiality

7.1 Where we or you disclose confidential information to each other, the receiving party shall be obliged to keep that information confidential and shall only use it for the purpose for which it is disclosed. This obligation of confidentiality shall not apply in respect of disclosures ordered by a court or regulatory authority and shall not apply in respect of information that enters the public domain without a breach of this obligation of confidentiality or is provided to the receiving party free of any obligation of confidentiality.

8. Scheduled maintenance

8.1 To ensure that our servers perform optimally, we conduct routine maintenance on them. This maintenance may require taking our servers offline. We allocate a maximum of two hours of unavailability per month for maintenance.

8.2 Usually, the maintenance is carried out during off-peak hours. We will notify you in advance of any scheduled maintenance when possible.

9. Server storage capacity

9.1 Your account is assigned storage capacity on our servers based on the plan or options selected by you. If you want to increase your allowance can do so by paying agreeing a new amount with your account manager and paying an additional fee.

9.2 Our servers will stop accepting, processing, or delivering data if you reach the purchased storage limit. This may lead to server unavailability or data loss. The company will not be responsible for any such unavailability or data loss. You will be alerted when you are nearing your storage limit.

10. Ownership of data

10.1 All data created by you within our applications and on our servers are your property and are for your exclusive use unless you permit access to and use of such data.

11. Data security

11.1 Our backend and frontend systems are located on two separate servers: one is in a Tier 3 data centre in Paris, and the second is in a Tier 2 data centre in Paris.

11.2 All servers have redundant systems and will continue to work if one is down. They all have failover systems like RAID disks and power backups. Also, to complement that, the data is backed up and replicated from one server to the other.

11.3 All servers are protected against DDoS attacks, among other attacks. They have hardware monitoring to check on the health of the systems. All connections are made via encrypted connections, either via SSH or HTTPS.

11.4 Our Android apps all go through the process of obfuscation of all the code by using Proguard before deploying to the Play Store. Our iOS apps also have an obfuscation process when uploading to the App Store and Apple uses a bitcode process to strip and encrypt most of the code.

11.5 We consistently deliver high-quality, flawless technical products by using test-driven development and having a quality assurance process in place. We make sure that every product performs as specified.

12. Data integrity

12.1 In the case of data corruption, hardware failure, or any other form of data loss, we will try to restore lost or corrupted data from server backups. However, please note that we cannot be held responsible for lost data. As a precaution, it is highly recommended that customers maintain a local copy of all data uploaded or stored on our servers.

13. Data termination

13.1 After terminating your account, we will not retain any of your data. The data will be deleted entirely from the servers when the account is terminated, as well as from any backups created during scheduled backup rotations. We will not restore or “burn” to CD or send out any data related to terminated accounts.

14. Big Data

14.1 All the information collected via our service will be processed according to the GDPR guidelines and any analytics data is always anonymised containing no personal data or means to be identified.

14.2 Flo-culture is registered with the Information Commissioner’s Office (ICO) as a data processor.

15. Warranties

15.1 We warrant that these services will be performed in a professional manner in accordance with industry standards. We make no other warranty, express or implied, with respect to the subject matter of this support and contract, including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose or any other warranty of any kind respecting any services performed hereunder or any materials furnished hereunder.

16. Liability

16.1 Our liability to you (other than any liability that cannot be limited or excluded by law including, but not limited to, personal injury or death caused by our negligence or fraud) shall be capped in aggregate at the level of the Price and shall exclude any indirect or consequential loss or damage; loss of profits, sales or revenue; business interruption; loss of anticipated savings; and loss of business opportunity, goodwill or reputation.

16.2 We shall have no liability arising from your use of our Software (or any part thereof) or resulting in particular from:

16.2.1 Your non-compliance with any instruction or recommended procedure made by us

16.2.2 Any repair, adjustment, alteration or modification of any part of the Software not undertaken by us or the merger, incorporation or use of any part of our Software with any other software.

16.3 Under no circumstances shall we be liable to reinstate or assist in the reinstatement of (or be responsible for the cost of reinstatement of) any data lost by you.

16.4 We shall not be liable in any way whatsoever for your use of third-party software or any repair, adjustment, alteration or modification of any part of the third-party software.  

17. Force majeure

17.1 Despite anything else stated in these conditions, we will not be held liable for any delays in performing our duties under the Contract if the delay is caused by circumstances outside of our control, which includes any delays caused by the Customer.  Our ability to perform our duties will be put on hold for as long as these circumstances persist, and we will be given an extension of time equal to the duration of the delay to perform services as planned.

17.2 If the delay lasts for more than 90 days, you may terminate the Contract by providing written notice to us. In this case, neither party will be held liable to the other for the termination, except for any rights that were accrued before the delay occurred.

18. Termination

18.1 If you breach this Contract, we will notify you in writing of your breach, and if you can remedy the breach, we will give you 30 days to remedy it. If you fail to do so, we may terminate the Contract immediately by notifying you in writing. If a breach cannot be remedied, we may terminate the Contract by giving you seven days’ notice in writing.

18.2 If you become insolvent, cease trading or threaten to cease trading and/or undergo any event that a prudent business person would commonly understand to be an event of insolvency, then we may terminate the Contract immediately by notifying you in writing.

18.3 If the Contract is terminated or comes to an end (i.e. if the period for which you have paid for the Services expires), then we will terminate your Agreement. Your AR Quest app(s) will we removed from the app stores, and where pertinent, removed from the AR Quest Explorer app. AR Quest app already downloaded will become inoperable. You will no longer have access to your Workspace, and we will no longer be responsible for storing your content (see Data Termination above).

19. General

19.1 If part of the Contract is found by a court to be void or unenforceable then that part of the Contract shall be deemed to be deleted from the Contract and the remainder of the Contract shall not be affected.

19.2 The Contract is made under English law and any dispute arising in connection with the Contract shall be subject to the exclusive jurisdiction of the English courts.

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