By choosing to register and use the Software Imaging Limited (“SIL”) app and web services for yourself or your organization, you are agreeing to these terms. If you do not agree with these terms, you are unable to comply with these terms, or you do not have the power, right or authority to act on behalf of and bind your company or organization, then you must not proceed with your registration and use of the app and web services.
These terms form a legal agreement (the “Agreement”) between you and Software Imaging Limited, a company registered in England and Wales with company number 1755090 and registered address at Unipart House, Garsington Road, Oxford, Oxfordshire OX4 2PG United Kingdom.
1.1 In this Agreement these words have the following meaning:
“Services” means both our app and web services.
2.1 In order for you to access the Services, you must register with us and create an account on our website.
2.2 For security purposes, you must also set a password. You should keep your username and password confidential. Any use of the Services with your login credentials will be your responsibility.
3 Your use of the Services
3.1 Subject to your compliance with the terms of this Agreement, we grant you a non-exclusive, non-transferable licence for the purpose of accessing and using the Services in accordance with this Agreement.
3.2 You must not:
3.2.1 sub-license, assign or transfer your rights or obligations under this Agreement; nor
3.2.2 access or use the Services using any interface other than in accordance with this Agreement.
3.3 You acknowledge that, except for the content provided by you, the App and the content of the Services are protected by copyright, database rights, trade marks and other intellectual property rights of us and our licensors, as applicable, and all rights not expressly granted to you are reserved to us and our licensors.
3.4 You must not use the Services in any way incompatible with their intended purpose nor in any unlawful or unauthorised manner and, in particular, you must
3.4.1 make any copies of the Services;
3.4.2 modify, adapt, reverse engineer, decompile or disassemble, create derivative works of, publish, distribute exploit the Services or any content or software element of the Services;
3.4.3 remove any copyright or proprietary notices included in the Services;
3.4.4 use, distribute or disclose confidential, personal or sensitive data or information within the Services without appropriate authority;
3.4.5 export the Services in breach of applicable export control or other laws relating to the export of technology and software; nor
3.4.6 make any unlawful or unauthorised use of our (or our service
providers’) equipment, networks, systems or software (including attempting to gain unauthorised access, introducing any computer virus or malware, or inhibiting their operation).
4 Duration and termination
4.1 This Agreement will commence from the time you accept this Agreement.
4.2 We may withdraw the Services and associated content, suspend your access to the Services and/or terminate this Agreement at any time at our absolute discretion, including (without limitation) if you breach, or we reasonably suspect that you are in breach, of any term of this Agreement, or if we cease to offer (or change the way in which we offer) the Services. Except where expressly stated, you will not be entitled to any compensation for such withdrawal, removal, termination or suspension.
4.3 Following termination of this Agreement or suspension of your access to the Services for any reason, we may retain your account details and other records relating to you for our record keeping.
5 Extent of the Services
5.1 We will use our reasonable efforts to provide effective Services. However, due to the nature of the Services we cannot guarantee the availability of the Services at all times.
6 Content provided by you
6.1 You agree that you:
6.1.1 have provided, and will continue to provide, accurate and complete information in your registration and account, and will update such information as appropriate;
6.1.2 are responsible for the accuracy of any data or content provided as part of the Services; and
6.1.3 will not upload or transmit to our (or our service providers’) systems or otherwise provide to us any unlawful content (including any content which is defamatory, obscene or abusive, or in breach or an infringement of intellectual property or privacy rights, or any data protection or confidentiality obligations).
6.2 You should not rely on our Services for storage or maintenance of information or your content. We may, at any time at our absolute discretion review and remove any content from the Services or request that you re-register or set up a new account for your continued use of the Services.
7 Limitations of liability
7.1 Nothing in this Agreement shall exclude or limit our liability for fraud or fraudulent misrepresentation, death or personal injury caused by our negligence or any other liability which cannot be lawfully excluded or limited.
7.2 Except as may be expressly set out in this Agreement, all conditions, representations and warranties relating to the Services are excluded to the maximum extent permitted by law.
7.3 We shall not be liable for:
7.3.1 any defects or errors in the Services;
7.3.2 the accuracy, completeness or legality of any data, content or other information provided by you;
7.3.3 interruptions in or unavailability of the Services; nor
7.3.4 any breach of any obligations due to a cause beyond our reasonable control.
7.4 We shall not be liable for any:
7.4.1 loss, damage or distress arising from reliance on information or reliance on availability of the Services; nor
7.4.2 loss of business, customers or profits; nor
7.4.3 indirect, consequential or economic loss, damage or distress (including any such loss, damage or distress arising from unauthorised use of or damage to your data or content), which you suffer in relation to this Agreement, or your use of the Services.
7.5 Without prejudice to other limitations on our liability (including clauses 7.3 and
7.4) and clause 7.1, SIL’s total liability to you in any twelve (12) month period for any other losses or claims relating to the Services and arising during that period is limited to £100 or the fees paid by you to us in such a period, whichever is greater.
7.6 You agree to indemnify us against all liabilities, costs, expenses, damages and losses suffered or incurred by us relating to any breach of clause 6.1.3.
8.1 We may make changes to the Services, this Agreement or the terms on which the App may be used at any time at our absolute discretion.
Depending upon the changes, we may require you to read and accept a new agreement for you to continue to use the Services.
8.2 We may (by means of a notice on our website, within the relevant application store or otherwise) require you to install and use an upgraded version of the Services in place of the current version, or to uninstall the Services if we cease to offer the Services.
9 Privacy notice
9.1 You agree to our use of your personal data as set out in our PRIVACY NOTICE FOR APP AND WEB SERVICES.
9.2 In particular, please note that although SIL is based in the UK, it and its service providers may have servers located overseas, where the laws may not give the same level of protection to personal data as within the UK and that by submitting your personal data, you agree to allowing your personal data to be transferred, processed and stored overseas as set out in this clause.
10.1 All provisions of this Agreement which by their nature are intended to continue shall survive termination, including terms relating to exclusions and limitations of liability, intellectual property restrictions and on-going use of your data.
10.2 Termination of this Agreement or the Services shall not affect accrued rights and liabilities of you or us up to the date of termination.
10.3 No provision of this Agreement is intended to be enforceable by any person other than you and us.
10.4 We may, without your consent, sub-contract provision of the Services or sublicense our rights under this Agreement to our third party service providers.
10.5 We may, without your consent, assign or transfer any or all of our rights and obligations under this Agreement to any successor in title of all or part of the Services, or intellectual property or other rights or obligations subsisting in relation to the same.
10.6 Failure or delay by us to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy.
10.7 The terms of this Agreement constitute the entire agreement between you and us with respect to the subject matter and supersede any and all prior agreements, negotiations and discussions relating to the same.
10.8 If any provision of this Agreement is found by any court or legal authority to be invalid, unenforceable or illegal, the other provisions shall remain in force and, to the extent possible, the provision shall be modified to ensure it is valid, enforceable and legal, whilst maintaining or giving effect to its commercial intention.
10.9 This Agreement is governed by the laws of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction to hear any disputes arising in connection with it.
PRIVACY NOTICE FOR APP AND WEB SERVICES
This privacy notice provides information on how Software Imaging Limited (“SIL”) uses personal data relating to users (“you”) of its software app (the “App”) and related web services (together referred to in this policy as the “Services”).
1. Who is Software Imaging Limited?
Software Imaging Limited is a company registered in England and Wales with company number 1755090 and registered address at Unipart House, Garsington Road, Oxford, Oxfordshire OX4 2PG United Kingdom.
SIL runs the Services to demonstrate and market interactive display technologies. SIL acts as a data controller in their use of your personal data relating to the Services, as described in this privacy notice.
You can contact SIL by using the contact details set out at paragraph 8 below.
2. Collection and use of data by SIL.
2.1. Registration details.
If you wish to connect to and use the Services, you will be asked to register with SIL in order to create an account and receive the related Services.
You will also be asked to set a password to give access to your account.
Registration information may include:
• your Organization Name and Display Name, which will be used to identify your account;
• your email address which will be used as an additional identity check and will be used to deliver the Services, manage your password and to contact you;
2.2. Use of the Services.
Registering your account allows you to use and evaluate the Services.
SIL may also collect data relating to your use and evaluation of the Services to improve the Services and for analysis and statistical purposes. This data is collected through the Services.
2.3. Contacting SIL.
If you contact SIL in relation to the Services (via email, telephone, post or otherwise), we may collect and retain your contact details and your communication for the purpose of handling your query and keeping records of communications.
3. Use of data.
SIL runs the Services and data collected through the Services may include your SIL Services user details.
This data may be used by SIL:
• for analysis and statistics;
• subject to obtaining your consent which is sought via the Services, sending you marketing communications through by push notifications or email;
• administration and maintenance of the Services; and
• compliance with legal obligations, or protection and enforcement of legal rights.
4.. Disclosure of your personal data to third parties.
SIL will not disclose personal data to any third parties unless obliged to do so for compliance with legal obligations, or protection and enforcement of legal rights. SIL will never sell information that can be used to personally identify you to a third party.
5. Storage and security of your personal data.
Your personal data is stored in electronic and physical records maintained by SIL and/or its service providers. Whilst SIL is based in the UK, it and its service providers may have servers located overseas, where the laws may not give the same level of protection to personal data as within the UK. By submitting your personal data, you agree to allowing your personal data to be transferred, processed and stored overseas.
6. Removal of your details
You may request deletion of your account on the Services at any time by sending an email to SIL at firstname.lastname@example.org .
However, SIL may retain certain aspects of your account and other personal details for the purposes of maintaining records of their dealings with you, analysis and statistics.
7. Access to your details.
If you would like to access a copy of any personal data which SIL holds about you, or if you wish to change your consent regarding marketing communications, please send a request by email or by post using the contact details in paragraph 8 below. An administration fee of £10 may be charged to access your details.
You have the right, in certain circumstances, to request that your personal data is corrected or deleted. Please contact us using the contact details in paragraph 8 below.
If you have any queries in relation to the processing of your personal data by SIL please contact us:
By post: Software Imaging Limited, IWB, Unipart House, Garsington Road, Oxford, Oxfordshire. OX4 2PG; or
By email to: email@example.com .