Tapgaze

TERMS AND CONDITIONS OF USE

INTRODUCTION

The following terms of use apply to the use of the Tapgaze applications in its desktop (Tapgaze Creator) and mobile (Tapgaze) formats (“Apps” including all and any iterations and versions of it). Our privacy policy separately sets out how we use data relating to you and forms part of these terms of use (“Terms”). These Terms were last updated on 15 October 2021.

1. ABOUT THE APPS AND THESE TERMS OF USE

1.1. The Apps provide users with an augmented reality (“AR”) platform for the creations, exhibition and perusal of volumetric real-size presentations of digitalized 3D paintings and art-work, as well as all and any other contributions, files, write-ups, descriptions and materials posted and exhibited in the Apps (“Exhibits”).
1.2. The Apps are owned and operated by Rendergon Limited, a company registered in England and Wales under company number 07769347 and with registered office at Kings Buildings, Hill Street, Lydney, Gloucestershire, England, GL15 5HE (“Rendergon”, “we”, “us” or “our”).
1.3. These Terms apply to all use of the Apps and form a legal agreement between you and us.
1.4. You must be at least 16 years of age to create an account in the Apps. By creating an Account using the Apps you understand and accept these Terms, and you agree to be bound by them.
1.5. These Terms are applicable as at the date of publication, and we may make alterations to these Terms from time to time. During any beta testing period in which we make the Apps available, the additional terms set out in Annex 1 shall apply to your use of the Apps.

2. OPERATING SYSTEM REQUIREMENTS

2.1. Before you install and/or use the version of the Apps relevant to your Account (as outlined at clause 3 of these Terms below), it is your sole responsibility to ensure that your device: (i) has sufficient memory to use and store the Apps and meets the system requirements specified by us in connection with the Apps; and (ii) has internet access. Please also ensure that your device and internet access meet the applicable operating requirements.
2.2. By using the Apps you confirm that you have the necessary device, hardware, software and internet capability required to do so and understand that we shall have no liability thereto.

3. USER ACCOUNTS

3.1. You will need to register an account to use the Apps (“Account”) for which you will need to submit certain information and choose a username.
3.2. The type of Account you will register will depend on the type of use you require of the Apps. This will either be for:

3.2.1. creating digital catalogues of Exhibits, being collections of your own work (as an independent artist), or that of other artists (as a gallery or other exhibitor of artwork) that can be accessed and browsed as an AR mobile experience (“Exhibitor(s)”); or
3.2.2. browsing and selecting Exhibits collated and displayed by an Exhibitor to peruse as an AR mobile experience (“Visitor(s)”).

3.3. Exhibitor Account

3.3.1. As an Exhibitor, you warrant and undertake that all information supplied during Account registration is truthful, complete and correct. If the information you have supplied is incomplete or incorrect you agree to compensate us if we are subject to any claims, damages, expenses, costs and liabilities (including legal fees), as set out in clause 8.
3.3.2. You warrant and represent that you are the owner (or have been granted the appropriate rights in and/or licences to use, display, recreate and otherwise process Exhibits on behalf of all and any applicable third parties) of all intellectual property rights in the Exhibits, including but not limited to all copyright, design rights and trade marks contained and subsisting therein.
3.3.3. You are obliged to ensure all information we hold about you is up to date. Should this information change or become innacurate you need to amend your Account registration details through the Apps. Should there be no functionality to enable such amendments through the Apps from time-to-time, then the new and/or amended information must be provided to us via email to support@tapgaze.com.
3.3.4. The username chosen by and issued to you upon registration with us is personal to you and/or your Exhibitor business and is for your use of and access to the Apps and shall not be disclosed to any third party.
3.3.5. You should not let anyone else access your Account or do anything else that might compromise the security of your Account.
3.3.6. You are solely responsible for maintaining the confidentiality of your password and username.
3.3.7. You are solely responsible for anything that happens through your Account, unauthorised or authorised acts of third parties, including any act or omission which results in anything which disparages, defames or puts into disrepute us, our trade marks/trading names, goodwill and/or the Apps (including but not limited to by reason of anything which may cause offence to, defame or bring into disrepute other Exhibitors and/or Visitors or any other third parties), and you understand that you are solely liable for any and all use of your Account undertaken by use of your username and password whatsoever, whether or not such use was authorised by you.
3.3.8. We may remove or reclaim any usernames, Exhibits, content and any other materials at any time and for any reason, including without limitation should a claim arise that those items violate third party rights.
3.3.9. We may suspend or terminate your Account if we are notified of or reasonably suspect fraudulent, abusive or other unlawful activity whatsoever in relation to your Account or if you are otherwise in breach of these Terms.

3.4. Visitor Account

3.4.1. As a Visitor, you warrant and undertake that all information supplied during Account registration is truthful, complete and correct. If the information you have supplied is incomplete or incorrect you agree to compensate us if we are subject to any claims, damages, expenses, costs and liabilities (including legal fees), as set out in clause 10.
3.4.2. You are obliged to ensure all information we hold about you is up to date. You can amend your Account registration details at any time through the Apps. Should there be no functionality to enable such amendments through the Apps from time-to-time, then the new and/or amended information must be provided to us via email to support@tapgaze.com.

3.4.3. The username chosen by and issued to you upon registration with us is personal to you and is for your use of and access to the Apps and shall not be disclosed to any third party.
3.4.4. You should not let anyone else access your Account or do anything else that might compromise the security of your Account.
3.4.5. You are solely responsible for maintaining the confidentiality of your password and username.
3.4.6. You are responsible for anything that happens through your Account including unauthorised or authorised acts of third parties, and you understand that you are solely liable for any and all use of your Account undertaken by use of your username and password whatsoever, whether or not such use was authorised by you.
3.4.7. We may remove or reclaim any usernames at any time and for any reason, including without limitation should we receive a claim that a username violates a third party’s rights.
3.4.8. We may suspend or terminate your Account if we are notified of or reasonably suspect fraudulent, abusive or other unlawful activity whatsoever in relation to your Account or if you are otherwise in breach of these Terms.

4. APP FEES & PAYMENT

4.1. Rendergon reserves the right to introduce any fees for the use of the Apps and the payment of such fees may depend upon the type of account you have subscribed to (“App Fees”). The App Fees will be set out in the relevant fees section of the Apps and/or our websites and you will be notified in advance of any App Fees and you will not be charged for any use of the Apps unless you specifically opt in to pay the App Fees. In the event you do not wish to pay the App Fees then you will no longer be able to access the Apps.

4.2. Payment of the App Fees must be made by such method as shall be required from time to time as set out within the App or on any website we operate.

4.3. Failure to pay fees when due shall be a material breach of these Terms entitling us to suspend or terminate your permitted use of the Account (pursuant to Clause 11 of these Terms). This, in turn, will affect your access to the Account. If we terminate these Terms due to your material breach, we will require you to pay, without delay, all fees and costs that have accrued up to the termination date, all unpaid App Fees and any other amounts you may owe us under these Terms.

4.4. If you fail to pay any amount due under these Terms, we may charge you interest on the overdue amount, payable by you on demand, from the due date up to the date of actual payment, at the rate of 4% per annum above the base rate of the Bank of England. Such interest shall accrue on a daily basis and be compounded quarterly.

4.5. All overcharges or billing disputes must be reported within 90 days of the date of invoice. Failure to do so will mean you have accepted our invoice.

5. INTELLECTUAL PROPERTY RIGHTS

5.1. Rendergon or any applicable third party licensor reserves all their intellectual property rights in the Apps and any content generated by Rendergon of such licensor which is available via our websites and/or the Apps.
5.2. Using the Apps does not give you any ownership in the Apps, its content or information generated via the Apps, nor does it give you any ownership rights in and to the content owned by or licensed to us by third parties and made available through our Apps.
5.3. Unless otherwise specified, all copyright, design rights, database rights, patent rights, trade mark and trade dress rights and other intellectual property rights in the Apps and any Rendergon content available via the Apps belong to and vest in us, or our third party licensors.
5.4. All third party intellectual property rights (including but not limited to trade names and trade marks) are the property of their respective owners and we make no warranty or representation in relation to those.
5.5. Except as otherwise provided in these Terms, all any intellectual property rights subsisting in the Exhibits vest solely in the author, artist or any other duly authorised or licenced person in respect of the Exhibits.
5.6. If you are a rights owner (or agent acting for a rights owner) and believe that any content made available through the Apps infringes your intellectual property rights or is any way unlawful and you wish us to remove it or suspend/disable access to it, please send a notice by email to support@tapgaze.com with “Tapgaze: Notice & Takedown” in the email subject line. Your email must set out the following information:

5.6.1. Details of the content you claim is infringed, together with a description of where the material that you claim is infringing is located on the Apps (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
5.6.2. Sufficient contact information (including email and telephone number) for us to contact you to discuss your claim;
5.6.3. A statement that: you are the rights holder, or duly authorised by the rights holder to act on their behalf; that you believe in good faith that the use of the content complained of is not authorised by you or the rights owner; that the information you supply in your notice is true and accurate.

6. RESTRICTIONS AND OBLIGATIONS

6.1. You agree to comply with these Terms and all rules applicable to the use of the Apps.
6.2. You will not (other than to the extent permitted by law):

6.2.1. hack, modify, reverse engineer or create derivative works of the Apps or any part of the Apps;
6.2.2. gain unauthorised access to or use any part of the Apps, including but not limited to component parts, code or other features, whether or not hosted on third-party sites or platforms;
6.2.3. remove, modify or obscure any copyright, trade mark or other proprietary notices on the Apps;
6.2.4. create software which replicates or mimics the data or functionality in the Apps;
6.2.5. make any part of the Apps available to a third party who does not agree to these Terms;
6.2.6. copy or exploit any part of the Apps or their content;
6.2.7. use the Apps or any part of the App unfairly or for any illegal or immoral purpose; or
6.2.8. attempt to do any of the acts listed under this clause.

7. LIABILITY

7.1. We provide and maintain the Apps on an “as is” and “as available” basis and are liable only to provide our services with reasonable skill and care.
7.2. External Sites have not been verified or reviewed by us and all use and access of External Sites is made at your own risk. “External Sites” means third party websites and online services to which the Apps link, or that other users of the Apps may link to via their public profile.
7.3. We give no other warranty in connection with the Apps and to the maximum extent permitted by law, we exclude liability for:

7.3.1. any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not that loss arises out of something of which we have been made aware and including any losses you may incur as a result of any financial investment made by you as a result of your use of the Apps;
7.3.2. all and any claims, complaints or other disputes arising out of unauthorised usage, malicious and/or inappropriate usage of any content and/or Exhibits, unauthorised access to any data, content or other materials (or any other activity which might be regarded as ‘hacking’) in respect of or in connection with Exhibitor and Visitor accounts;
7.3.3. all and any claims arising from experiences of users (including but not limited to where offence, upset and any other damage might be caused to or suffered by users) of the Apps;
7.3.4. the accuracy, currency or validity of information and material contained within the Apps;
7.3.5. any interruptions to or delays in updating the Apps;
7.3.6. any incorrect or inaccurate information on the Apps;
7.3.7. the infringement by any other person of any copyright or other intellectual property rights of any third party through use of the Apps;
7.3.8. the availability, quality, content or nature of External Sites;
7.3.9. any transaction taking place on External Sites;
7.3.10. any transaction with a third party retailer taking place on the Apps;
7.3.11. any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by any other person accessing, using or downloading the Apps or any part of the Apps;
7.3.12. all representations, warranties, conditions not expressly set out in these Terms and which can validly be excluded by law.

7.4. We do not warrant that the operation of the Apps will be uninterrupted or error free.
7.5. We will not be liable for failure to perform any obligation under these Terms if that failure is caused by the occurrence of an event beyond our reasonable control.
7.6. Except as set out in these Terms we make no warranties, representations or conditions whether implied, statutory or otherwise, and to the maximum extent permitted by law exclude all such warranties, representations and conditions from those Terms. To the maximum extent permitted by law our total liability to you in respect of your use of the Apps will not exceed the total amount of one hundred pounds ((£100.00).

7.7. You must not use the Apps in any way which is:

7.7.1. unlawful;
7.7.2. may give rise to civil or criminal liability for us; or
7.7.3. which might call us into disrepute.

7.8. The Apps are provided to be used for no other purposes than as described at clause 3 above.

8. INDEMNITY

8.1. You agree to compensate us and keep us compensated from and against all claims, damages, expenses, costs and liabilities (including legal fees) relating to or arising from your use of the Apps or arising from any breach or suspected breach of these Terms by you or your violation of any law or the rights of any third party.

9. APPS DEVELOPER TERMS

9.1. The following terms of this clause are the terms which we are required by Apple to notify you of and obtain your consent in respect of using the iOS version of the Apps (Apple Mac, iPad, iPhone etc.):

9.1.1. You acknowledge that these Terms are concluded between you and us only, and not with Apple Inc., nor any subsidiary or affiliate company of Apple Inc., (“Apple”). You also acknowledge that we are solely responsible for the Apps and the content thereof.
9.1.2. Subject to your compliance with all conditions of these Terms we grant you a non-exclusive, personal, revocable, non-transferable license to use the Apps on an iOS Product which you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service (https://www.apple.com/uk/legal/sales-support).
9.1.3. We are solely responsible for providing support and maintenance for the Apps. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps.
9.1.4. You acknowledge that we, and not Apple, are responsible for addressing any claims you may have relating to the Apps or your possession and/or use of the App, including but not limited to:

9.1.4.1. product liability claims;
9.1.4.2. any claim that the Apps fail to conform to any applicable legal or regulatory requirement; and
9.1.4.3. claims arising under consumer protection or similar legislation.

9.1.5. You acknowledge that in the event of a third party claim that the Apps or your possession and use of the Apps infringes third party’s intellectual property rights, we shall be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property right infringement claim, and not Apple.
9.1.6. You confirm that:
9.1.6.1. you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and
9.1.6.2. you are not listed on any US Government list of prohibited or restricted parties.
9.1.7. You acknowledge and agree that Apple are third party beneficiaries of these Terms, and that when you accept 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.
9.1.8. We use third party software and services provided in the Apps (explained above). Use of the Apps is therefore subject also to your acceptance and compliance of these third party terms and you agree to comply with the applicable third party terms and conditions when using the Apps. More information about this can be found in our Privacy Policy.

10. THIRD PARTY WEBSITES AND CONTENT

10.1. Where we make available links to other websites or apps in the App, such links are provided for your information and convenience only. We are not responsible for the content or performance of the linked website or app, and you are responsible for reviewing the linked website’s or app’s terms of use.
10.2. The Apps includes information provided by third parties. We do not have control over the content of this information, and, subject to clause 7 we disclaim all liability in respect of the accuracy or completeness of such information.

11. TERMINATION

11.1. These Terms take effect upon your download, installation and/or use of the Apps and remain effective until terminated by either of us. You may terminate these Terms at any time by removing all copies of the Apps from devices on which you have installed the Apps. Save in accordance with clause 11.4, these Terms shall automatically terminate if you fail to comply with any terms of these Terms. Upon termination you shall cease all use of the Apps and delete all copies of the Apps. We may suspend or terminate your access to the Apps if you do not comply with these Terms, or if you don’t comply with our policies as notified to you from time to time.
11.2. We may temporarily discontinue our websites or App, at any time for the purposes of upgrades, maintenance or other service administration reasons. We will use our reasonable endeavours to limit the length of time this occurs for.
11.3. Without prejudice to the other provisions in these Terms, we may terminate our agreement with you (in whole or in part) for any reason at our discretion upon reasonable notice to you and the following would apply:

11.3.1. if your use of the Apps was provided to you free of charge as either a Visitor or an Exhibitor, you will not be entitled to any compensation or any refund; and
11.3.2. if you paid for the Apps or any of its services as part of the relevant Account as an Exhibitor, you will not be entitled to a refund where you have substantially had the enjoyment of what you had paid for.
11.4. Any provision of this agreement that expressly or by implication is intended to come into or continue in force on or after termination or expiry of these Terms shall remain in full force and effect.

12. MARKETING

12.1. We shall be entitled to use your username, all Exhibits and content you make available on your Account in relation to our promotion and the promotion of the Apps and you therefore grant us a perpetual, revocable, non-exclusive licence to use, edit, exhibit and share your username, Exhibits and any content available on your Account worldwide in all media in perpetuity.
12.2. Additionally, should you tag Tapgaze or Rendergon via your social channels, you grant us a perpetual, revocable, non-exclusive licence to use, edit, exhibit and share such social media content for our promotion and the promotion of our Apps worldwide in all media in perpetuity.
12.3. Should you wish to revoke such licence please email us at: support@tapgaze.com including “Marketing” in the subject title. Please note that whilst we will attempt to retrieve your username, Exhibits and content made available by us to the public via our promotion and will no longer use such materials, some materials may have already been widely disseminated and we cannot take any actions to remove all such materials used by third parties.

13. GENERAL

13.1. These Terms are subject to (where relevant to the type of Account you have as either an Exhibitor or Visitor) your statutory and common law consumer rights and will not limit any rights you might have that cannot be excluded under applicable law. These Terms will not exclude or limit our liability for death or personal injury resulting from our negligence nor any fraudulent acts or representations.
13.2. These Terms constitute the entire agreement between you and us relating to your use of the App.
13.3. Failure to enforce any term does not constitute a waiver of that term.
13.4. If any part of these Terms is found to be unenforceable, such part will be amended to the minimum extent necessary to make it enforceable and the remainder of the provisions will remain in full force and effect.
13.5. No representation or warranty is made as to whether the Apps comply with the laws of any country except England and Wales.
13.6. These Terms are subject to the laws of England and Wales and the parties submit to the non-exclusive jurisdiction of the courts of England and Wales. In addition you may have the legal right to bring proceedings in your local jurisdiction and, if this is the case, then you may bring proceedings there. For instance if you live in Scotland, you can bring legal proceedings in respect of the Apps in either the Scottish or the English Courts.
13.7. We will be entitled to assign and otherwise transfer the agreement under these Terms by giving you reasonable notice, which may include notice given via the Apps or via the email you have used to register for your Account. You may not assign, sub-licence, transfer or dispose of the rights licensed under these Terms.
13.8. All questions, comments or enquiries should be directed to us in writing. We will try to respond to you within 72 hours.

ANNEX 1 – BETA TESTING PERIOD ADDITIONAL TERMS

1. You are provided access to the Apps in a beta stage (“Beta Apps”). In conjunction with the Terms, the Beta Apps are subject to these additional terms for the duration of the Beta testing period (“Beta Terms”) where applicable.

2. The Beta Apps may have bugs or errors that may not provide you with the best experience. Rendergon reserves the right to adjust, maintain and remove the Beta Apps without notice at any time.

3. Where those adjustments might have an impact upon how we treat your personal data then we will notify you, but by continuing to use the Beta Apps you agree to us using your personal data for the purposes we set out above and in our privacy policy.

4. The Beta Apps are provided to be used for no other purposes than as described at clause 3 of the Terms above. As such, the Beta Apps may have bugs or errors that may not provide you with the best user experience. You accept and agree that Rendergon shall have no liability in respect of the use of the Beta Apps during this closed beta stage and that Rendergon shall have no liability for any loss of data you may suffer.

5. We do not undertake to correct any defects in the Beta Apps or to develop it further and we may remove any functionality from the Beta Apps without providing any reason or warning.

6. If we issue any updated versions of the Beta Apps, this will be as part of our development and testing process and not as part of our service to you.

7. If following the Beta Apps testing period you choose not to subscribe, your access to the Apps and the data held in the respective Account will be lost.

8. We have exercised reasonable care and reasonable skill in creating the Beta Apps, and we have the right to allow you to use it in accordance with the Beta Terms and the Terms above where applicable.