the application referred to as “SurveyorTech” available for download from the iOS App Store, which enables you to upload content to the Portal and all associated materials and documentation provided via the App, together with any updates, subsequent versions, modifications or supplements to it.
any digital surveys that are created by a Surveyor using the App and Portal.
Intellectual Property Rights
patents, rights to inventions, copyright, moral rights, trade marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
as set out in clause 6.
the SurveyorTech portal as utilised by a Surveyor.
the access code provided to you by your Surveyor which enables you to access part of the App to enable you to create User Generated Content in accordance with these terms.
a surveyor who has purchased a licence to use the App and has provided you with a Sharing Code to enable you to access the App for the sole purpose of facilitating the creation of a Digital Survey.
User Generated Content
the content that you create (in video, photographic or other format) when using the App.
we, us, our
SurveyorTech Limited, a company registered in England and Wales with company registration number 08961602 and registered address 8 Cranmere Court, Matford Business Park, Exeter, EX2 8PW. Website https://www.surveyortech.com/
2. HOW TO CONTACT US
- If you wish to get in touch please Contact Us.
- If we have to contact you we will do so by email, using the contact details you have provided in the form accessible via the link provided.
3. THE LICENCE
- We grant you a non-exclusive, royalty-free, worldwide licence to use the App for your use only on the condition that a Surveyor has provided you with a Sharing Code and in accordance with these terms.
- This licence grants you the right to use the App for the sole purpose of facilitating the creation of a Digital Survey by creating User Generated Content
and submitting it for upload to the Portal within the App.
- Your use of the App is subject to the restrictions and terms of this Licence, including but not limited to the Licence Restrictions. For the avoidance of
doubt, this licence does not grant you access to or use of the Portal.
4. YOUR PRIVACY
- You agree to us collecting and using technical information about the devices you access the App from and related software, hardware and peripherals to improve our service and App.
important that you read that information.
5. THE APP
- If you want to learn more about the App or have any problems using it please take a look at our support resources on our Website.
- The App has not been developed to meet individual requirements. Please check that the facilities and functions of the App meet your requirements.
- The App may require specific programmes in order for you to access all or part of the App and facilitate the creation of Digital Surveys. In order to
access the App using your unique Sharing Code you must have a device which is compatible with the iOS App Store and comply with the App Store
terms and conditions.
- From time to time we may update and change the App to improve performance, enhance functionality, reflect changes or address security issues.
- If you download or stream the App onto any 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 your own the device.
- The ways in which you can use the App may also be controlled by the relevant Appstore’s rules and policies and the relevant Appstore’s rules and
policies will apply instead of these terms where there are differences between the two.
- This App requires, at least, an iPhone 7 with iOS 13, together with the required amount of memory to store, operate and use the App.
6. LICENCE PERMISSIONS
- In return for you agreeing to comply with these terms and the Licence Restrictions you may:
- download or access the App on multiple devices using your Sharing Code for your own use to facilitate the Surveyor’s creation of a Digital Survey; - use the App in accordance with the Surveyor’s instructions and these terms but where the Surveyor’s instructions conflict with these terms, these terms take precedence;
- use the App to create and submit User Generated Content for upload to the Portal to enable the Surveyor to create a Digital Survey and for no other purpose.
7. LICENCE RESTRICTIONS
- You agree that you will comply with these terms and all applicable technology control or export laws and regulations that apply to the technology used or supported by the Service.
- You agree that you will not (except where explicitly permitted by the terms of this licence):
- use the App within a software application, website or software which competes with our operations;
- use the App to process or disclose personal data (“personal data” has the meaning given to it in the Data Protection Act 2018);
- exceed the indicated storage capability of the App (as notified to you from time to time);
- disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App;
- provide access to or copies of the App or the User Generated Content in whole or in part to third parties either directly or by sharing or otherwise disclosing the Sharing Code;
- rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person and in no circumstance in competition with our operations;
- use screen-recording technology to record and/or capture your use of the App; and
- screenshot any part of the App or User Generated Content.
- The App must be used in an acceptable manner, as such you must not use the App:
- in any unlawful manner, for any unlawful purpose, including terrorism or extremism or in any manner inconsistent with these terms, or act
fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App;
- to breach in any way any applicable local, national or international law or regulation;
- for the purpose of harming or attempting to harm minors in any way;
- to record or photograph anyone under the age of 18;
- to create and/or share sexually explicit material or indecent images; and to bully, insult, intimidate or humiliate any person.
- The User Generated Content must not:
- be defamatory of any person;
- be obscene, offensive, hateful or inflammatory;
- promote sexually explicit material;
- include child sexual abuse material;
- promote violence, including but not limited to acts of terrorism or extremism;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- promote any illegal content or activity; or
- impersonate any person or misrepresent your identity or affiliation with any person;
- You must not:
- infringe our Intellectual Property Rights or those of any third party in relation to your use of the App and creation of User Generated Content,
including by the submission of any material (to the extent that such use is not licensed by these terms);
- permit any third party to infringe the Intellectual Property Rights or those of any third party in relation to their use of the App, including by the
submission of any material;
- transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App and creation of User Generated
- use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers.
- We reserve the right to:
- terminate your use of the App; and/or
- block your access to the App; and/or
- charge an additional fee
at our discretion, if you breach this clause 6.
8.CHANGES TO THESE TERMS
- We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
- If you do not accept the changes you may not be permitted to continue to use the App.
9. INTELLECTUAL PROPERTY RIGHTS
- 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.
This includes any modifications, updates, later versions or adaptations to the App. You have no Intellectual Property Rights in, or to, the App other than
the right to use them in accordance with these terms.
- You hereby assign (by way of present and future assignment) with full title guarantee to us all Intellectual Property Rights in the User Generated
Content which are capable of being assigned.
- You agree to grant us a royalty-free, worldwide, perpetual licence to us in respect of all Intellectual Property Rights in the User Generated Content.
- You agree to notify us and the Surveyor of any restrictions on usage and any other contractual restrictions arising in respect of any third party
Intellectual Property Rights.
- You agree at our request and expense, to take all such actions to execute, or arrange for the doing and executing of, all such documents as are
necessary (in our reasonable opinion) to enable us to obtain, defend or enforce its rights in the User Generated Content and the App.
- In respect of photographs and videos, obtain all necessary consents and permissions from the relevant persons (including, where appropriate the
consent from the person with parental responsibility for the child being photographed/ videoed and/or identifiable in the photograph/video).
- You agree to indemnify us in full against all losses (whether direct or indirect) in connection with any claim made against us for actual or alleged
infringement of a third party’s Intellectual Property Rights in connection with the User Generated Content or use of the App. This indemnity extends to
any interest, penalties, and reasonable legal and other professional fees awarded against or incurred or paid by us.
10.OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
- If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our.
failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if
either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
- We are liable for damage to your property if defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice
to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in
place the minimum system requirements advised by us.
- Nothing in these terms limits any liability which cannot legally be limited, including liability for death or personal injury caused by negligence or fraud
or fraudulent misrepresentation.
- Regardless of how you use our App, we have no liability to you:
- whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this end user licence agreement for any indirect or consequential loss or damage;
- for any loss or damage suffered, including loss of User Generated Content, where our performance is delayed due to technical issues with your equipment; or
- for any business or commercial losses you or another party may suffer from use of or access to the App including use as permitted or as
restricted by the terms of this licence.
- The App may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
- You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
11. WE MAY END YOUR LICENCE IF YOU BREAK THESE TERMS
- We may end your licence at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so but we reserve the right to terminate your use/block your access to the App.
- If we end your rights to use the App, you must:
- stop all activities authorised by these terms, including any use of the App;
- immediately delete or remove the App from all devices in your possession and confirm to us that you have done this.
12. TRANSFERING THIS AGREEMENT TO SOMEONE ELSE
- We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
- You may not transfer your rights or your obligations under these terms.
13. NO RIGHTS FOR THIRD PARTIES
- 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.
- If a court finds part of this contract illegal, the rest will continue in force.
- Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
14. EVEN IF WE DELAY IN ENFORCING THIS AGREEMENT, 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.
15. GOVERNING LAW AND JURISDICTION
The validity, construction and performance of the Agreement shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts to which the Parties submit.