Terms of Use

Please read these Terms of Use (‘Terms’) carefully before you use the App. By using the App, you indicate that you accept these Terms and that you agree to abide by them. These Terms constitute the entire agreement (“Agreement”) between you and EXOSMART LTD concerning your use of the App. EXOSMART LTD  reserves the right to change these Terms at any time. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the App. If you do not agree with these Terms, you should stop using the App.

KEY POINTS

The following key points of the Terms are highlighted here for your convenience only.

  1. The App is made available for your own, personal use. The App must not be used for any commercial purpose whatsoever or for any illegal or unauthorised purpose. When you use the App you must comply with all applicable US laws and with any applicable international laws, including the local laws in your country of residence.
  2. You agree not to use the App in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement;
  3. You agree not to attempt to gain unauthorised access to the App or any networks, servers or computer systems connected to the App;
  4. You agree not to modify, make derivative works of, adapt, translate or reverse engineer any part of the App or re-format or frame any portion of the pages comprising the App;
  5. All copyright and other intellectual property rights to materials, content, information, audio files, artwork and other graphic materials, logos and trademarks incorporated into the App are either owned by EXO SMART LP or have been licensed to EXO SMART LP by the rights owners. These materials, content, information, audio files, artwork and other graphic materials, logos and trademarks may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by EXO SMART LP and/or its licensors.
  6. We make no warranty that your access to the App will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out maintenance or introduce new functions.
  7. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the App or your obtaining any material from, or as a result of using, the App. We shall also not be liable for the actions of third parties.
  8. We are solely responsible for providing any maintenance and support services with respect to the App as required under applicable law.
  9. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose or otherwise commercially exploit or make the App available to any third party; (b) you shall not access the App to build a similar or competitive product or service; (c) except as expressly stated herein, no part of the App may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (e) any future release, update, or other addition to functionality of the App shall be subject to the terms of this Agreement.
  10. You allow an agent running in the background to collect the user experience data to help app’s future improvements, as further described in our Privacy Policy.

SUBSCRIPTION SERVICES

The Application allows you to get certain features and functionality by the means of subscription model. Please, see About Subscription page for further detailed information on the terms of subscription services.

LIABILITY

YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE APP. THE APP IS PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) FUTURE DISCLAIMS ALL LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IN RELATION TO THE APP; AND (B) ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THE APP (WHETHER IMPLIED BY STATUE, COMMON LAW OR OTHERWISE), INCLUDING (WITHOUT LIMITATION) ANY WARRANTY, TERM OR CONDITION AS TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE OR ANY SPECIAL PURPOSE, AVAILABILITY, NON INFRINGEMENT, INFORMATION ACCURACY, INTEROPERABILITY, QUIET ENJOYMENT AND TITLE ARE, AS BETWEEN FUTURE AND YOU, HEREBY EXCLUDED. IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE FOREGOING, WE ACCEPT NO RESPONSIBILITY FOR ANY TECHNICAL FAILURE OF THE INTERNET AND/OR THE APP; OR ANY DAMAGE OR INJURY TO USERS OR THEIR EQUIPMENT AS A RESULT OF OR RELATING TO THEIR USE OF THE APP; OR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF THE INFORMATION DISCLOSED OR ACCESSED THROUGH THE APP. IN NO EVENT, UNDER NO LEGAL OR EQUITABLE THEORY (WHETHER TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE), SHALL WE OR ANY OF OUR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR AFFILIATES, BE LIABLE HEREUNDER OR OTHERWISE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM THE APP, THE USE OF THE APP OR OUR AGREEMENT WITH YOU CONCERNING THE APP, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, LOST ANTICIPATED PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

 

SOUND EFFECTS – COPYRIGHT DISCLAIMER

The following ‘Sound Effects’ are incorporated into the App:

List of ‘Sound Effects’ Licensed under and used in accordance with:
Zapsplat.com

“Dry hands single rub together 1”

“Mouth, tongue cluck 3”

“Game, collect coin or treasure tone”
“Multimedia click 1”
“Cartoon blink, flirt, marimba 2”
“Cartoon blink, flutter, mallet 2”
“Apple Mac Magic keyboard single key press 2”
“Multimedia button click 29”
“Bomb ticking”
“Cartoon squeeze then pop, pull body part or item out of hole”

“Handful of coins drop into cardboard box”

“Multimedia button click 15”

“Cartoon bubble pop 3”

“Notification, alert, mallet, synth, warm, soft and positive 2”

“Pear catch in hands 3”

“Single small water drip”

“Game tone, collect point 4”

“Game error tone 7”

“Game zap, weapon tone”

“Game tone, collect coin or treasure 4”

“Game tone, collect coin or treasure 5”

“Retro game tone, musical success 4”

“Thin crispy ice movements, crush 5”

“Arcade game slot machine jackpot tone 2 (long)”

“Pillow case shake 6”

“Multimedia alert, positive, bright 3”

“Multimedia alert, positive, bright 1”

“Ring, Flappy Bird, Tribute, Coin, Success, Checkpoint, Retro”

“Water drip close up 2”

“Cartoon water drip or bubble pop 4”

Standard License
“Fantasy game, pick up gold coin 01” by Morten Barfod Søegaard, Little Robot Sound Factory, available at zapsplat.com CC Attribution 4.0 International License

“User interface tone, select, digital button” by Dusty Room, available at zapsplat.com

“Cartoon bubble pop” by Dusty Room, available at zapsplat.com

“Swarm of bees, surrounded 1”by CC0, available at zapsplat.com

CC0 1.0 Universal License  
Soundeffectsplus.com

“Menu Button Click Percussive 01”, Finnolia Productions Inc.

“Menu Button Click Pop Up 05”, Finnolia Productions Inc.

“Correct Answer Bell Gliss 02”, Finnolia Productions Inc.

“Correct Answer Marimba 01”, Finnolia Productions Inc.

“Correct Answer  Pops 01”, Finnolia Productions Inc.

“Cartoon Bong Boing 01”, Finnolia Productions Inc.

“Water Droplet Water Dripping 01, Finnolia Productions Inc.

“Pill Container Shake 03”, Finnolia Productions Inc.

License
SoundBible.com

“Mario jumping sound” by Mike Koenig, available at soundbible.com

“Tick Tock” by Mike Koenig, available at soundbible.com

CC Attribution 3.0 International License
SOUNDOTCOM

“Jelly Beans”, Toy Invention

“Whistling Ukulele”, Audioflame

“Drums”, Audioflame

“Funny Ukulele Upbeat”, SunSmileMusic

“Ukulele”, MetroMusic

“Corpiano”, Paul Werner

“Family Values”, Audio Waves

License


QUESTIONS

If you have questions regarding this Agreement, or wish to obtain additional information, please drop us a line to support@exosmart.uk.com.

Copyright © 2018 EXOSMART LTD.