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’ LICENSING INFORMATION

 

Zapsplat.com

Subject to the Terms and Conditions of the License Agreement by ZapSplat.com (https://www.zapsplat.com/license-agreement/), and under the Standard License accordingly, EXO SMART LP (DBA ‘Exosmart’) is hereby granted a perpetual, worldwide, non-sublicensable, non-exclusive, non-terminable, non-transferable right to make use of the musical work (hereinafter referred to as the “Sound Effect”, and as licensed under the Standard License) in an unlimited number of Exosmart’s downloadable software applications, in an unlimited number of lifetime downloads and sales. The License solely covers usage as accompanying Sound Effects embodied in downloadable software applications made available through the App Store and Google Play Store or other mobile marketplaces for commercial purposes.  The License Objects has not been transformed, modified, remixed or edited in any way.

 

“Fantasy game, pick up gold coin 01” © Morten Barfod Søegaard (Licensed under CC BY 4.0)

Under the CC Attribution 4.0 International License (https://creativecommons.org/licenses/by/4.0/), EXO SMART LP (DBA ‘Exosmart’) is hereby granted a perpetual, worldwide, non-sublicensable, non-exclusive right to use the “Fantasy game, pick up gold coin 01” © Morten Barfod Søegaard, Little Robot Sound Factory, in an unlimited number of Exosmart’s downloadable software applications, in an unlimited number of lifetime downloads and sales. The License covers usage as accompanying Sound Effect embodied in downloadable software applications made available through the App Store and Google Play Store or other mobile marketplaces for commercial purposes.  The License Object has not been transformed, modified, remixed or edited in any way.

 

Soundeffectsplus.com

Subject to the Terms and Conditions of the License Agreement by soundeffectsplus.com (https://www.soundeffectsplus.com/content/license/) and under the Standard License accordingly, EXO SMART LP (DBA ‘Exosmart’) is hereby granted a perpetual, worldwide, non-sublicensable, non-exclusive, non-terminable, non-transferable right to make use of the musical work (hereinafter referred to as the “Sound Effect”, and as licensed under the Standard License) in an unlimited number of Exosmart’s downloadable software applications, in an unlimited number of lifetime downloads and sales. The License solely covers usage as accompanying Sound Effects embodied in downloadable software applications made available through the App Store and Google Play Store or other mobile marketplaces for commercial purposes.  The License Objects has not been transformed, modified, remixed or edited in any way.

 

SoundBible.com

 

“Tick Tock” © Mike Koenig (Licensed under CC BY 3.0)

Under the CC Attribution 3.0 International License (https://creativecommons.org/licenses/by/3.0/), EXO SMART LP (DBA ‘Exosmart’) is hereby granted a perpetual, worldwide, non-sublicensable, non-exclusive right to use the “Tick Tock” © Mike Koenig, in an unlimited number of Exosmart’s downloadable software applications, in an unlimited number of lifetime downloads and sales. The License covers usage as accompanying Sound Effect embodied in downloadable software applications made available through the App Store and Google Play Store or other mobile marketplaces for commercial purposes.  The License Object has not been transformed, modified, remixed or edited in any way.

DISCLAIMER: All rights to ‘Sound Effects’ belong to their respective owners and/or licensors, which are in no way associated or affiliated with EXO SMART LP.

 

CREDITS

Music from:

“Dry hands single rub together”
https://www.zapsplat.com/music/dry-hands-single-rub-together-1/

“Mouth, tongue cluck 3”

https://www.zapsplat.com/music/mouth-tongue-cluck-3/

“User interface tone, select, digital button”

https://www.zapsplat.com/music/user-interface-tone-select-digital-button/

“Game, collect coin or treasure tone”
https://www.zapsplat.com/music/game-collect-coin-or-treasure-tone/

“Multimedia click 1”
https://www.zapsplat.com/music/multimedia-click-1/

“Cartoon blink, flirt, marimba 2”
https://www.zapsplat.com/music/cartoon-blink-flirt-marimba-2/

“Cartoon blink, flutter, mallet 2”
https://www.zapsplat.com/music/cartoon-blink-flutter-mallet-2/

“Apple Mac Magic keyboard single key press 2”
https://www.zapsplat.com/music/apple-mac-magic-keyboard-single-key-press-2/

“Multimedia button click 29”
https://www.zapsplat.com/music/multimedia-button-click-29/

“Menu button click – Percussive 01”
https://www.soundeffectsplus.com/product/menu-button-click-percussive-01/

“Menu button click – Pop up 05”
https://www.soundeffectsplus.com/product/menu-button-click-pop-up-05/

“Cartoon bubble pop”
https://www.zapsplat.com/music/cartoon-bubble-pop/

“Correct Answer Bell Gliss 02”

https://www.soundeffectsplus.com/product/correct-answer-bell-gliss-02/

“Correct Answer  pops 01”
https://www.soundeffectsplus.com/product/correct-answer-pops-01/\

“Bomb ticking”
https://www.zapsplat.com/music/bomb-ticking/

“Cartoon squeeze then pop, pull body part or item out of hole”

https://www.zapsplat.com/music/cartoon-squeeze-then-pop-pull-body-part-or-item-out-of-hole/

“Handful of coins drop into cardboard box”

https://www.zapsplat.com/music/handful-of-coins-drop-into-cardboard-box/

“Multimedia button click 15”
https://www.zapsplat.com/music/multimedia-button-click-15/

“Cartoon bubble pop 3”

https://www.zapsplat.com/music/cartoon-bubble-pop-3-4/

Jelly Beans
https://soundotcom.com/royalty-free-music/corporate/business/happy/ukulele/jelly-beans/1894

Whistling Ukulele”
https://soundotcom.com/royalty-free-music/corporate/business/happy/ukulele/whistling-ukulele/3657

Drums”
https://soundotcom.com/royalty-free-music/film-score/thriller/suspense/drums/3762

The following sound effects were obtained from https://www.zapsplat.com:
‘’Pear catch in hands 3” by ZapSplat
‘’Single small water drip’’ by ZapSplat
‘’Game tone, collect point 4’’ by ZapSplat
‘’Game error tone 7’’ by ZapSplat
‘’Game zap, weapon tone’’ by ZapSplat
‘’Game tone, collect coin or treasure 4’’ by ZapSplat
‘’Game tone, collect coin or treasure 5’’ by ZapSplat
‘’Retro game tone, musical success 4’’ by ZapSplat
‘’The crispy ice movements, crush 5’’ by ZapSplat
‘’Arcade game slot machine jackpot tone 2 (long)’’ by ZapSplat
‘’Pillow case shake 6’’ by ZapSplat
‘’Multimedia alert, positive, bright 3’’ by ZapSplat
‘’Multimedia alert, positive, bright 1’’ by ZapSplat
‘’Ring, Flappy Bird, Tribute, Coin, Success, Checkpoint, Retro’’ by noisecreations
‘’Water drip close up 2’’ by ZapSplat
‘’Cartoon water drip or bubble pop 4’’ by ZapSplat
‘’Pill Container Shake 03’’ sound effect is used in the App under the license provided by Finnolia Productions Inc
The following tracks are used under the license provided by Soundotcom:
‘’Funny Ukulele Upbeat’’ SunSmileMusic
‘’Ukulele’’ MetroMusic

QUESTIONS

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