Terms of Use - Visual Survey Pro
(Please also read the Privacy Policy for Visual Survey Pro)
Version Number: 0.2
Date: December 17, 2020
Definitions
Supplier : Web App Services Limited (also “Us” and “Our”).
Software : “Visual Survey Pro” mobile/tablet app and web portal (at my.vizap.co.uk), including all associated intellectual property rights.
Account : The data and functionality of the Software accessed by your login details.
Licence Fee : Fees paid to obtain the app.
Subscription Fee : Fees paid to make use of the web portal.
Licence Start Date : Date of download of app.
Subscription Start Date : Date specified in subscription confirmation (receipt).
Subscription Term : Length of time specified in subscription confirmation (receipt).
Permitted Users : Number of people who may use the Software under your Account.
Permitted Devices : Number of devices that can access the Software under your Account.
Permitted Projects : Number of projects that can be stored under your Account.
Data Retention Period : Length of time that your data will be stored on our servers.
User Licence : Combination of permitted usage parameters (including the above) defined in subscription confirmation (receipt).
Subscription Tier : Various packages of functionality and permitted usage levels available within the Software, divided into “Free” and “Paid” Tiers.
Lifetime : A period of time lasting from Subscription Start Date for Subscription Term.
Unlimited : The maximum level of usage that can be reasonably expected for a person using this Software, subject to Our Fair Usage Policy defined below.
1. Terms[a]
By accessing, installing or using Our app, Visual Survey Pro, and/or its associated web portal (“the Software”), you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing the Software. The materials contained in the Software are protected by applicable copyright and trademark law.
2. User Licence
Permission is granted to download one copy of Visual Survey Pro per device for use according to the terms of the licence which you have purchased only.
Subject to payment by you of the relevant Licence Fee in full, we grant you a non-exclusive, non-transferable, non-sub-licensable (other than where separately agreed) licence to use the Visual Survey Pro software from your Licence Start Date for as long as the app is available in the associated app store.
Subject to payment by you of the relevant Subscription Fee in full, we grant you a non-exclusive, non-transferable, non-sub-licensable (other than where separately agreed) licence to use the associated Web portal from your Subscription Start Date for the specified Subscription Term.
By registering for an Account within the Software, you will automatically begin a subscription to the Free Subscription Tier of the Software, with the Subscription Start Date being the date of registration. You may subsequently choose to upgrade to a paid Subscription Tier.
The maximum number of users (Permitted Users and Permitted Devices) and the maximum number of projects (Permitted Projects) are defined in the User Licence that you receive when your subscription begins, or is either upgraded or downgraded.
In the case of either the Licence Fee or the Subscription Fee being gifted to you, these terms will apply as if you had made payment yourself.
This is the grant of a licence, not a transfer of title, and under this licence you may not:
- disclose your password to any other party;
- modify or copy the software or its functionality;
- attempt to decompile or reverse engineer any aspect of the Software, nor remove or bypass any limitations present within the version for which you have a licence;
- remove any copyright or other proprietary notations from the materials; or
- duplicate, sub-license, syndicate or operate via a service bureau (using Screen-Scraping or otherwise) any part of the Software, nor allow any other party to do the same;
- use the Software to knowingly record or store personally-identifiable information relating to any other person (which includes taking photographs which contain identifiable faces).
This licence shall automatically terminate if you violate any of these restrictions and may be terminated by Web App Services Limited at any time. Upon terminating your viewing of these materials or upon the termination of this licence, you must destroy any downloaded materials in your possession whether in electronic or printed format.
You acknowledge and agree that we may monitor all use of the Software and where we have reasonable cause to suspect that misuse of the software has occurred we reserve the right to suspend or terminate your licence.
3. Fair Usage Policy
By using the Software, you agree to the following usage obligations which are in place to ensure a good level of service for all users. Therefore, your usage of the Software must fall within levels that can reasonably be expected for the number of Permitted Users and Permitted Projects defined in your licence.
In general, this means that each user on an Unlimited plan may store up to 500 Permitted Projects and a total of 10,000 photos (based on the average stored file size of 1MB per photograph).
Your usage of the Software should also conform to reasonable expectations with regards to server load and bandwidth usage, as would be expected from individual human users working with the Software in a normal working environment. In any event, you must not use any automated systems to access or use the Software.
We reserve the right to monitor your usage of the Software and should your usage exceed these levels we will contact you to discuss possible options.
If we believe your usage is having an adverse effect on other user’s experience of the Software, we reserve the right to limit your data throughput and/or storage.
4. Renewal and Termination
When you download and install the Visual Survey Pro software you may use it for the period defined in your user licence, subject to your payment of any applicable Licence Fee. If you no longer require the Visual Survey Pro software, you can delete it from your device(s) at your will.
When you register for an Account within the Software you will automatically begin a subscription to the Free Subscription Tier of the Software, with the Subscription Start Date being the date of registration. You may subsequently choose to upgrade to a paid Subscription Tier. Your subscription will renew automatically, at its current level, at the end of the current Subscription Term.
You may cancel or downgrade your subscription at any time by contacting us using the details provided in your subscription confirmation. You must provide 3 working days notice of cancellation or downgrade before the end of your Subscription Term in order for your cancellation to be processed before the automatic renewal. When you provide notice to downgrade or cancel your subscription, your current Subscription Tier will continue to the end of your Subscription Term, unless you specifically request otherwise.
No refunds can be given for unused periods of service within your Subscription Term if you are cancelling your subscription.
If you choose to cancel your subscription, it is your responsibility to ensure that you have exported any and all data that you wish to retain from within the Software before the end of your Subscription Term (or earlier if you have requested an earlier termination).
In certain circumstances we may need to terminate or substantially alter the Software and associated services. This may happen in one of two ways:
1) You’ve violated Our terms of service; in which case we will give you a reasonable opportunity to rectify any violation (typically 7 days, unless your violation is having a detrimental effect on Our ability to provide other users with services). If any violation is not corrected, we reserve the right to immediately terminate your Account and no refunds can be given for unused periods of service within your Subscription Term.
2) We can no longer provide some or all of the services which comprise the Software; in which case we will give you a minimum of 45 days notice of any such termination (during which time you should export your data). We will give you a pro-rata refund of unused days of service within your (fully paid up) Subscription Term, calculated from the date of termination.
5. Access To and Use of Software
5.1 General Access
In order for it to function, the Software needs to be correctly installed on a supported device that meets or exceeds the specified minimum system requirements. If the Software is not installed in this manner, it may malfunction or produce unpredictable results.
The Software may cause your device to connect to the internet even if you are not currently using the app or synchronising data, for example, to check for updates or to validate your subscription. You are responsible for managing the data settings on your device to prevent unwanted network data charges.
You acknowledge that online services may suffer occasional disruptions, and that you may not be able to access the Software or your data at all times.
5.2 Software is a Tool
The Software is a tool and is intended only to assist you with your own data capture, analysis, estimation, reporting and other professional activities. It is not in any way a substitute for your own professional judgement, and it is your responsibility to determine whether the use of the Software is appropriate in any given situation and for setting up appropriate independent procedures for testing the completeness and validity of any and all outputs. You also acknowledge that the Software might not produce the specific results that you desire. Web App Services Limited will not be liable in any way whatsoever for the results, including any outputs, arising directly or indirectly from the use of the Software.
The Software is not designed for the storage of sensitive personal information, and you are not permitted to use it for this purpose. It is your responsibility as a data controller to determine whether you are capturing sensitive personal information whilst using the Software. By way of example only, this might include identifiable faces of people, or sensitive information written on whiteboards or planners on walls, that you might capture within photographs.
You must also comply with export control, international trade laws, and international traffic in arms regulations if you are using the Software at any sensitive or restricted sites. You must not upload any data to the Software which cannot be transferred from your location to the United Kingdom or the European Union[b][c][d], nor make your content available to any party that cannot legally receive them.
5.3 Data Retention
We will store the project data and photos that you create or upload with the Software on Our servers for a defined period of time based upon the Subscription Tier applicable to your Account.
If you are using the Free Subscription Tier, or your Subscription Tier has a limit on the number of Permitted Projects, the data and photos for only the most recent projects, up to the number of Permitted Projects, will be retained. We reserve the right to permanently delete your older project data and photos. You have the ability to choose which projects are deleted only whilst you are within your number of Permitted Projects.
Additionally, if you are using the Free Subscription Tier, and your account is inactive (you have not used the Software) for a period of more than Three Months, we reserve the right to permanently delete all of your project data and photos.
If you are using a Paid Subscription Tier and you are not in violation of any of Our terms of service, all project data and photos will be retained for the Subscription Term, subject to Our Fair Usage Policy.
5.4 Ownership and Usage of Data
You will retain your ownership rights to any data that you upload to the Software and you accept all responsibility for the data that you upload to or create within the Software. In general, we do not review or screen any data. We will only access your data in order to: (i) provide you with support, (ii) in connection with troubleshooting or improving the Software, (iii) in connection with a complaint or legal obligation. Web App Services Limited reserves the right to moderate, block and/or remove any content which violates any laws or which is likely to cause reputational harm.
You are responsible for ensuring that all data that you upload to or create within the Software complies with any and all applicable laws and regulations in your jurisdiction, and that your use of the Software will not violate any laws or infringe upon the rights of any other party.
5.5 Publicity and Feedback
When you use the Software, you grant Web App Services Limited the right to identify you as a user of Visual Survey Pro, solely for the purposes of marketing materials (which may include Our websites, social media, and general online presence). This grant of right includes your company name and logo, but not any individual person’s name. We will not publicise any specific details of your usage of the software without your written consent. Our right to use this information survives the termination of your subscription.
If you choose to provide Us with comments, feedback or suggestions regarding your use of the software (which we welcome) you grant us an irrevocable, transferable, worldwide, royalty-free license to make use of your comments for publicity, to improve the Software, or for any other legitimate business purpose. We will not personally identify you as the originator of the comment without your prior written consent, but we may mention your company name.
6. Variation of Service
We reserve the right to make changes to the Software in order to improve its functionality, to enable us to provide better or different services, or for other legitimate business reasons. We will always endeavor to retain functionality that is being used, but we may on occasion need to make changes that affect how you use the Software. Examples of such changes may include:
- The need to substantially alter or remove functionality from parts of the Software
- Varying the amount of Permitted Projects, Permitted Users or Permitted Devices within any Subscription Tier
- Varying the cost and associated specification of any Subscription Tier, including adding and removing Subscription Tiers
When we need to make a variation which materially alters the service, we will give you at least 30 days notice of such a change taking effect[e]. You may choose to vary your Subscription Tier or to terminate your subscription at this time, upon which will give you a pro-rata refund of unused days of service within your (fully paid up) Subscription Term, calculated from the date of termination.
For the avoidance of doubt, the normal process of releasing minor updates to the Software which may include additions or small changes to functionality would not be considered a variation of service.
7. Disclaimer
The materials and functionality within the Software are provided on an 'as is' basis. Web App Services Limited makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, Web App Services Limited does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to the Software.
8. Limitations
In no event shall Web App Services Limited or its suppliers be liable for any: (1) economic loss (including without limitation, business interruption, loss of profit, revenue, contracts, business or anticipated savings); (2) any loss of goodwill or reputation; or (3) any indirect, special or consequential loss (including without limitation, loss or corruption of data, damage, costs, expenses or other claims), which arise out of the use of or inability to use the Software, even if Web App Services Limited or a Web App Services Limited authorised representative has been notified orally or in writing of the possibility of such damage.
Additionally, Web App Services Limited shall have no liability for any loss, damage, costs, expenses or other claims for compensation arising from (1) any exercise of the rights or remedies under this agreement including without limitation the suspension or removal of access to your Account or the deletion, corruption, loss or removal of data, files or material stored within your Account; (2) the removal of your Account and related data from Our servers; or arising from (3) any actions taken by us on instructions supplied by you which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival.
Neither party is liable for any breach of this agreement or liable for any delay or failure in performance of any part of these conditions and its commitments when caused as a result of force majeure, war, civil disorder, terrorism, industrial disputes, extreme weather, acts of local or central government or other competent authorities, or failure by other service providers. Neither party undertakes any liability for the acts or omissions of other providers of internet or telecommunication services or for faults in or failures of their apparatus.
The total aggregate liability of either party to the other for any claim in Contract, tort, negligence or otherwise arising out of or in connection with the provision of the Software shall be limited to the charges paid over the preceding 12 months in respect of the Software and any related services that are the subject of any such claim. In any event no claim shall be brought unless notified within one year of arising.
9. Accuracy of Materials
The materials appearing in the Software could include technical, typographical, or photographic errors. Web App Services Limited does not warrant that any of the materials within the Software are accurate, complete or current. Web App Services Limited may make changes to the materials contained in the Software at any time without notice. However Web App Services Limited does not make any commitment to update the materials.
10. Links
Web App Services Limited has not reviewed all of the sites linked to its app and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Web App Services Limited of the site. Use of any such linked website is at the user's own risk.
11. Modifications
Web App Services Limited may revise these terms of service for its Software at any time without notice. By using the Software you are agreeing to be bound by the then current version of these terms of service.
12. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
Privacy Policy
Your privacy is important to us. It is Web App Services Limited's policy to respect your privacy regarding any information we may collect from you through Our Software.
We only ask for personal information when we need it to provide a service to you. We collect it by fair and lawful means, with your knowledge and consent. We also let you know why we’re collecting it and how it will be used.
We only retain collected information for as long as necessary to provide you with your requested service. What data we store, we’ll protect within commercially acceptable means to prevent loss and theft, as well as unauthorised access, disclosure, copying, use or modification.
We don’t share any personally identifying information publicly or with third-parties, except when required to by law.
Our app may link to external sites that are not operated by us. Please be aware that we have no control over the content and practices of these sites, and cannot accept responsibility or liability for their respective privacy policies.
You are free to refuse Our request for your personal information, with the understanding that we may be unable to provide you with some of your desired services.
Your continued use of Our website will be regarded as acceptance of Our practices around privacy and personal information. If you have any questions about how we handle user data and personal information, feel free to contact us: [email protected].
Read our full privacy policy here: