Looksar Terms and Conditions

This Terms and Conditions agreement is between you (also referred to as “your” and “yours”) and Locksar (also referred to as “we,” “our,” “us,” “Looksar Application,” and “Looksar App”). This agreement becomes effective as soon as you choose to download the Looksar App from either of the following:

Parties to This Agreement

The only parties to this agreement are you and Looksar Company and any of its affiliates. Neither Apple, Inc. nor Google, Inc. or any of their subsidiaries and/or affiliates are a party to this agreement.

Global and Local Terms and Conditions

These Terms and Conditions comprise the entire Global Agreement between you and Looksar. These conditions apply if your download occurs for use of the Looksar App in the United Kingdom.

Local Terms and Conditions are contained in additional schedules to this Terms and Conditions document, and apply to downloads that occur for use in any country named in said schedules.

These Global Terms and Conditions apply except as they are amended in the specific Local Terms and Conditions schedules. When Local Terms and Conditions vary or are in conflict with these Global Terms and Conditions, then the Local Terms and Conditions shall apply.

Should you download the Looksar App for use in any country not named in the schedules for Local Terms and Conditions, then these Global Terms and Conditions apply.

Global Terms and Conditions

  1. Agreement to Terms of Service of Apple, Inc. and Google, Inc.

You may only enter into these Terms and Conditions if you also agree to the Terms of Service regulations of:

Once you accept these Terms and Conditions, you are automatically bound also by the Terms of Service of Apple and Google.

  1. Your Use of the Looksar App

You may use the Looksar App for mobile devices, as well as the Looksar IT augmented reality and image recognition platform that Looksar may choose to make available to you to use from your mobile device.

Once you have agreed to these Terms and Conditions and have downloaded the Looksar App, you may then use the Looksar App and other Looksar services.

In order to use the Looksar App, you must also read and agree to the Looksar Privacy Policy. Which is found on the Looksar website.

  1. Grant of License

By these terms and conditions, you are granted a limited, non-transferable, and non-exclusive license. With this license you may install and use the Looksar App on any device you personally own or have sole possession of.

Personal Use: Use of the Looksar App must be for personal purposes only and must be in compliance with Apple and Google Terms of Service.

Updates: These Terms and Conditions shall also apply to any Looksar upgrades, replacement and/or supplements. If a separate license is required for additional Looksar services or features, the terms and conditions of that license shall apply. Apple and Google are NOT required to provide any maintenance, upgrades, or support services for Looksar.

  1. License Restrictions

You agree to the following terms of use and restrictions:

  1. You are prohibited from using the Looksar app on any device you do not own or over which you do not have sole control.
  2. You are prohibited from distributing the Looksar App over a network that would allow use of the app on multiple devices at the same time.
  3. You may not sell, lease, transfer, sub-license, or otherwise distribute the Looksar App to any other party.
  4. You are prohibited from copying, disassembling, reverse engineering, modifying, or attempting to derive the source code, either of the original downloaded app or any updates of the original app.

 

  1. Rules of Use

You agree to comply with the following usage rules:

  1. You have accepted these Terms and Conditions prior to use
  2. You may store the Looksar App on a total of five (5) different devices, such devices defined by the Apple Terms of Service.
  3. You will not attempt nor help anyone else attempt of modify or otherwise circumvent the security technology that is a part of the Apple Terms of Service.
  4. You will not engage in any promotional activities
  5. You may manually sync the Looksar App from one device to other devices that have a manual sync mode, provided it is synced from the account device that is currently on file with Apple as the first synced one.
  1. Termination

Should you breach any of these Terms and Conditions, we reserve the right to terminate this Terms and Conditions agreement, providing two months’ notice to you.

Once you have been terminated, you agree to destroy all copies of the Looksar App in your possession

  1. Our Use of User-Generated content

You agree that we have the right to use any user-generated content, including our right to modify and to use it for promotional or other general business purposes.

You agree that, by your use of the Looksar App, we have license to access and use your own generated content.

Further, you agree that any user content you possess does not infringe upon the copyrights of other entities.

You shall indemnify and hold harmless Looksar against any losses in connection with any claim against you that arises from your use of the Looksar App, should your user content be in violation or infringement of any applicable laws.

  1. Proprietary Rights

We possess all intellectual property rights of the Looksar App and Services.

You are prohibited from removing or altering any logo, copyright statement, trademark or other identifying information that identifies Looksar proprietary rights.

  1. Agreement Modifications

Should we find it necessary to modify any of these Terms and Conditions, we shall post such modification on the Looksar website and shall notify all users by email, provided those users have given their email addresses to us.

Once a modification has been made and you have been notified you must check the agreement box before you can continue to use the Looksar App. If you fail to check agreement, then your use of the Looksar App shall be terminated.

  1. Indemnification

We will indemnify, and defend and/or settle any claim against you that should arise that alleges the Looksar App itself and your possession of the Looksar App is in violation of the law or any third party rights. In these cases, we are responsible for the legal defense and costs, not Apple, Inc.

Limitations: The following limitations apply:

  • We will not indemnify and/or defend any claims arising from user content that you have generated.
  • We will not indemnify and/or defend any claim without prompt notification from you.
  • We will not indemnify and/or defend any claim unless you give us sole control of the defense and settlement
  • We will not indemnify and/or defend any claim unless you provide assistance as we may request.

Options: should it be determined that Looksar has infringed upon third party rights, we will do one of the following:

  1. Seek agreement that we may continue to use any feature found to be an infringement, at our expense
  2. Modify the Looksar App so that it no longer infringes upon the rights of the third party

Exclusions: We will not be liable nor will we defend any claim that has arisen from a user modifying the Looksar App or combining the Looksar App with any other software or processes that are not a part of the Looksar App as developed by us.

 

  1. Warranty Disclaimer

The Looksar App was developed with care and skill. We make no other promises and warranties. Specifically, we do not warrant for the following:

  1. That the Looksar app will be error-free and uninterrupted
  2. That Looksar services will not result in losses, corruption, viruses, hacking, or any other security breach.

Looksar shall not be liable for any loss or damage to a user when the following conditions are present

  1. There has been no breach of these Terms and conditions by Looksar
  2. An event was not foreseeable
  3. Your breach of these Terms and Conditions
  4. The loss has occurred as a result of our decision to terminate your access to the Looksar App or Services
  5. Your use of the Looksar App or Services has resulted in loss of business, profits, data loss or corruption.

 

  1. Suspension of App or Services

We will suspend use of the Looksar App and Services under the following conditions:

  1. There are security concerns relative to the Looksar App or Services
  2. We must comply with a judicial order, or the requirement by a government body or regulatory agency.
  3. We believe that you are using the Looksar App or Services in an illegal manner or in some way that breaches these Terms and Conditions.

You will receive advance notice of these suspensions and/or terminations.

 

  1. Judicial Relief

If we should determine that you are in breach of these Terms and conditions, we will take judicial action to receive an injunction.

  1. Place of Jurisdiction

English law shall govern all of our policies, procedures, and operations.

Both parties to this agreement agree that the English Courts shall have jurisdiction in the event of legal action by either party.

  1. Entre Agreement

These Terms and Conditions constitute the entire agreement between you and Looksar, Inc.

  1. No third Party Beneficiaries

No person who has not entered into this Terms and Conditions Agreement shall have no rights under its provisions.

  1. Severability

Should we eliminate any part of these Terms and Conditions, or should a legal authority determine that any of the provisions of this Terms and Conditions Agreement are in compliance with the law, then all other provisions remain in place.

  1.  No Assignment

You may not assign this Terms and Conditions agreement to any third-party.

  1. Questions, Claims and Comments

We bear full responsibility for responding to any issues complaints or questions. Neither Apple nor Google is responsible.

 

If you should have any comments or questions at this time, please direct them to:

      support@looksar.com