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USER AGREEMENT FOR THE INTERAPP CREATOR
 

PERSONAL ACCOUNTS
 

Subject to you meeting our eligibility requirements, registering with us and paying any fees chargeable on your account INTERAPP INC (“INTERAPP”, “we”, “us”) grants you the personal, non-exclusive, non-transferrable and limited right to access and use our INTERAPP CREATOR services subject to the following legal and policy documents (as amended from time to time) that shall apply to and govern your use of the services:

  1. THE TERMS CONTAINED IN THIS USER AGREEMENT (“User Agreement”)

  2. OUR GENERAL TERMS OF USE FOR THE INTERACPP CRAATOR (“TOU”)

  3. OUR POLICY ON UNLAWFUL CONTENT

  4. OUR PRIVACY POLICY FOR THE INTERAPP CREATOR

  5. OUR COOKIE NOTICE RELATING TO THE INTERAPP CREATOR

Documents 2, 3, 4 and 5 of the above list can be accessed and viewed by following the above links. These documents are referred to below as “the Supplementary Documents”.

PLEASE READ THIS USER AGREEMENT AND THE SUPPLEMENTARY DOCUMENTS CAREFULLY BEFORE REGISTERING FOR, ACCESSING AND/OR USING THE INTERAPP CREATOR. YOU SHOULD ALSO CONSULT ANY USER GUIDELINES FOR THE SERVICES PUBLISHED.

THE INTERAPP CREATOR AND ALL OF ITS ELEMENTS ARE PROTECTED BY COPYRIGHTS, TRADEMARK RIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS. ANY SOFTWARE PROVIDED WITH THE INTERAPP CREATOR IS LICENSED TO YOU FOR USE UNDER THIS USER AGREEMENT; NOT SOLD TO YOU. BY REGISTERING FOR, ACCESSING OR OTHERWISE USING THE INTERAPP CREATOR, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS USER AGREEMENT AND EACH OF THE SUPPLEMENTARY DOCUMENTS. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MUST NOT USE THE INTERAPP CREATOR. THIS USER AGREEMENT TOGETHER WITH THE SUPPLEMENTARY DOCUMENTS CONSTITUES A LEGAL CONTRACT BETWEEN YOU ANDINTERAPP INC FOR THE PROVISION OF THE INTERAPP CREATOR. THIS USER AGREEMENT SUPERSEDES AND REPLACES ANY PRIOR PROPOSAL, REPRESENTATION OR UNDERSTANDING YOU MAY HAVE HAD WITH INTERAPP RELATING TO THE INTERAPP CREATOR.

SUMMARY OF TERMS OF SERVICE

The following summarizes some of the key terms and conditions which apply to your use of THE INTERAPP CREATOR. The summary is not exhaustive and is not a substitute for reading the full versions of the Supplementary Documents. All prices mentioned below are exclusive of VAT and other sales taxes, and are subject to change.

  1. DATA PROTECTION AND COOKIES

When you sign up to use THE INTERAPP CREATOR we may collect personal information from you, e.g. name, postal address, email address, date of birth and payment details. This information will be used to set you up as a user, administer your account and provide you with access to the features and functionality of THE INTERAPP CREATOR. THE INTERAPP CREATOR also uses cookies to enable the services to function properly. Further details about how INTERAPP will use your personal information and cookies can be found in the Privacy Policy and Cookie Notice published on the THE INTERAPP CREATOR website.

  1. RESTRICTIONS ON USE AND USER CONTENT

    1. Your use of THE INTERAPP CREATOR must be within the scope of the license set out in Clause 6.1 of the TOU and is subject to the restrictions set out in Clause 6.2 of the TOU. Your use of THE INTERAPP CREATOR is also subject to a Fair Use Policy which you can find at Clause 13 of the TOU. Personal Users must not use THE INTERAPP CREATOR for any commercial, trade or professional purposes whatsoever.

    2. THE INTERAPP CREATOR allows users to connect content to their Targets and to print their Targets on just about anything. This means content connected to Targets is publicly available for viewing by users of the INTERAPP mobile application who scan your image. We therefore require all users of THE INTERAPP CREATOR to comply with the rules for submission of content set out at Clauses 9, 10 and 11 of the TOU.

  2. DURATION

    1. Your right to use THE INTERAPP CREATOR will continue unless and until either of us ends your subscription early as provided for in Clause 15 of the TOU. Please note, however, that Targets not scanned for over 12 months are liable to be deactivated.

    2. Personal Users can cancel their account at any time. Please be aware that your Targets and content will be disabled upon cancellation of your account. In line with our refund policy, Personal Users cancelling their account will not receive any refund of any fees paid. This does not affect your statutory rights as a consumer (see below).

  3. THE CONSUMER CONTRACTS (INFORMATION, CANCELLATION AND ADDITIONAL CHARGES) REGULATIONS 2013

    1. The supply of a Targets is a supply of “digital content” for the purposes of the right to cancel provided for in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (referred to be below as the “Contract Regulations”).

    2. You agree to INTERAPP supplying you with access to your Targets and other digital content provided with THE INTERAPP CREATOR before the end of the cancellation period provided for in regulation 30(1) of the Contract Regulations and you acknowledge that as a consequence the right to cancel the User Agreement under regulation 29(1) of the Contract Regulations will be lost.

  4. PAYMENT

  5. Provided your use is for non-commercial purposes, no subscription fees are payable by Personal Users who use THE INTERAPP CREATOR.
     

  6. DISCLAIMERS, EXCLUSION AND LIMITATION OF LIABILITY

    1. Your use of THE INTERAPP CREATOR is subject to certain service disclaimers that are set out at Clauses 19.3 to 19.8 (inclusive) of the TOU.

    2. THE TOU ALSO CONTAIN PROVISIONS WHICH EXCLUDE OUR LIABILITY TO YOU FOR CERTAIN TYPES OF ECONOMIC AND CONSEQUENTIONAL LOSSES AND PLACE A CAP ON OUR OVERALL LIABILITY TO USERS OF THE SERVICE. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY ARE CONTAINED IN CLAUSES 19.9 AND 19.10 OF THE TOU.

    3. YOUR STATUTORY RIGHTS AS A CONSUMER ARE NOT AFFECTED BY THE ABOVE AND YOUR ATTENTION IS DRAWN TO THE FOLLOWING NOTICES:

ON-LINE SERVICES

DIGITAL CONTENT

  1. GOVERNING LAW AND CHOICE OF JURISDICTION

Please see Clause 23 of the TOU for information on the law and jurisdiction which governs your use of THE INTERAPP CREATOR.

  1. CONTACT DETAILS

THE INTERAPP CREATOR is owned and operated by INTERAPP, INC a company incorporated and registered in Delaware, United State of America. The Company’s registered office address and postal address is 1029 H St. Ste 301 Sacramento, CA 95814 United States

 

Email address

info@interappusa.com

BUSINESS AND EDUCATION ACCOUNTS

Subject to you meeting our eligibility requirements, registering with us and paying the fees chargeable on your account INTERAPP INC (“INTERAPP”, “we”, “us”) grants you the personal, non-exclusive, non-transferrable and limited right to permit your Authorized Users to access and use our THE INTERAPP CREATOR services during the subscription term subject to the following legal and policy documents (as amended from time to time) that shall apply to and govern your use of the service:

  1. THE TERMS CONTAINED IN THIS USER AGREEMENT (“User Agreement”)

  2. OUR GENERAL TERMS OF USE FOR THE INTERAPP CREATOR (“TOU”): zap.works/terms/

  3. OUR POLICY ON UNLAWFUL CONTENT: zap.works/unlawful-content-policy/

  4. OUR PRIVACY POLICY FOR THE INTERAPP CREATOR: zap.works/privacy/

  5. OUR COOKIE NOTICE RELATING TO THE INTERAPP CREATOR: zap.works/cookie-policy/

Documents 2, 3, 4 and 5 of the above list can be accessed and viewed by following the above links. These documents are referred to below as “the Supplementary Documents”.

PLEASE READ THIS USER AGREEMENT AND THE SUPPLEMENTARY DOCUMENTS CAREFULLY BEFORE REGISTERING FOR, ACCESSING AND/OR USING THE INTERAPP CREATOR. YOU SHOULD ALSO CONSULT ANY USER GUIDELINES FOR THE SERVICE 

THE INTERAPP CREATOR AND ALL OF ITS ELEMENTS ARE PROTECTED BY COPYRIGHTS, TRADEMARK RIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS. ANY SOFTWARE PROVIDED WITH THE INTERAPP CREATOR IS LICENSED TO YOU FOR USE UNDER THIS USER AGREEMENT; NOT SOLD TO YOU. BY REGISTERING FOR, ACCESSING OR OTHERWISE USING THE INTERAPP CREATOR, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS USER AGREEMENT AND EACH OF THE SUPPLEMENTARY DOCUMENTS. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MUST NOT USE THE INTERAPP CREATOR. THIS USER AGREEMENT TOGETHER WITH THE SUPPLEMENTARY DOCUMENTS CONSTITUES A LEGAL CONTRACT BETWEEN (1) THE NAMED ACCOUNT HOLDER AND (2) INTERAPP INC FOR THE PROVISION OF THE INTERAPP CREATOR. THIS USER AGREEMENT SUPERSEDES AND REPLACES ANY PRIOR PROPOSAL, REPRESENTATION OR UNDERSTANDING YOU MAY HAVE HAD WITH INTERAPP RELATING TO THE INTERAPP CREATOR.

SUMMARY OF TERMS OF SERVICE

The following summarizes some of the key terms and conditions which apply to your use of THE INTERAPP CREATOR. The summary is not exhaustive and is not a substitute for reading the full versions of the Supplementary Documents. All prices mentioned below are exclusive of VAT and other sales taxes, and are subject to change.

  1. DATA PROTECTION AND COOKIES

When you sign up to use THE INTERAPP CREATOR we may collect personal information from you and your authorized users, e.g. name, postal address, email address, date of birth and payment details. This information will be used to set up your account, administer your account and provide your Authorized Users with access to the features and functionality of THE INTERAPP CREATOR. THE INTERAPP CREATOR also uses cookies to enable the services to function properly. Further details about how INTERAPP will use your personal information and cookies can be found in the Privacy Policy and Cookie Notice published on the THE INTERAPP CREATOR website.

  1. EXPERIENCES  AND AUTHORISED USERS

    1. Each Seat purchased by you represents a single-user license permitting one individual within your entity chosen by you to access and use the applicable version of THE INTERAPP CREATOR, i.e. the Basic or Pro version.

    2. In relation to your Authorized Users, you undertake that:

      1. your Authorized Users will comply with the TOU at all times during the subscription term;

      2.  the maximum number of Authorized Users that you authorize to access and use the relevant version of THE INTERAPP CREATOR ​ shall not exceed the number of Experiences  you have purchased;

      3. you will not allow or suffer any Seat to be used by more than one individual Authorized User unless it has been re-assigned in its entirety to another individual Authorized User, in which case the prior Authorized User shall no longer have any right to access or use THE INTERAPP CREATOR;

      4. if you are an Education User you will not allow anyone under 13 years old to use THE INTERAPP CREATOR without parental consent;

      5. each Authorized User will keep a secure password for their use of THE INTERAPP CREATOR and each Authorized User will keep their password confidential; and

      6. you will permit INTERAPP to audit and monitor all use of THE INTERAPP CREATOR through your account in order to establish compliance with this User Agreement and, if it comes to INTERAPP’s attention that you have underpaid the subscription fees due to INTERAPP, you shall pay INTERAPP an amount equal to the underpayment within five days of demand.

    3. You shall use all reasonable endeavors to prevent any unauthorized access to, or use of, THE INTERAPP CREATOR through your account and, in the event you become aware of any such unauthorized access or use, you shall promptly notify us.

    4. In the case of corporate entities, the rights provided in this User Agreement are granted to the registered account holder only and shall not be considered granted to any subsidiary, holding company or affiliate of the registered account holder.

  2. RESTRICTIONS ON USE AND USER CONTENT

    1. Your use of THE INTERAPP CREATOR must be within the scope of the license set out in Clause 6.1 of the TOU and is subject to the restrictions set out in Clause 6.2 of the TOU. Your use of THE INTERAPP CREATOR is also subject to a Fair Use Policy which you can find at Clause 13 of the TOU. Business Users intending to print Targets on more than 10,000 units of a product must contact us first as such use may conflict with our Fair Use Policy, and incur additional charges.

    2. THE INTERAPP CREATOR allows users to connect content to their Targets and to print their Targets on just about anything. This means content connected to Targets is publicly available for viewing by users of the INTERAPP mobile application who scan your target. We therefore require all users of THE INTERAPP CREATOR to comply with the rules for submission of content set out at Clauses 9, 10 and 11 of the TOU.

  3. SUBSCRIPTION TERM

    1. Your right to use THE INTERAPP CREATOR will continue for so long as you pay your annual or monthly subscription fees unless either of us ends your subscription early as provided for in Clause 15 of the TOU. Please note, however, that Targets not scanned for over 12 months are liable to be deactivated.

    2. Business and Education Users can cancel their entire account or an individual Seat at any time. If you cancel your account, all Experiences  will be deactivated and you will no longer have any access to the Services. If you cancel a Seat you will be charged for the remainder of the billing cycle (annual or monthly) that you are currently in and the Seat will be disabled at the end of the current billing cycle. In line with our refund policy, Business and Education Users cancelling their account and/or seat(s) will not receive any refund of fees paid.

  4. PAYMENT

    1. You agree to pay us the annual or monthly subscription fees applicable to the number and type of Experiences  active on your account and that we may charge these fees to your credit, debit or other payment card as and when payment falls due.

  5. DISCLAIMERS, EXCLUSION AND LIMITATION OF LIABILITY

    1. Your use of THE INTERAPP CREATOR is subject to certain service disclaimers that are set out at Clauses 19.3 to 19.8 (inclusive) of the TOU.

    2. THE TOU ALSO CONTAIN PROVISIONS WHICH EXCLUDE OUR LIABILITY TO YOU FOR CERTAIN TYPES OF ECONOMIC AND CONSEQUENTIONAL LOSSES AND PLACE A CAP ON OUR OVERALL LIABILITY TO USERS OF THE SERVICE. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY ARE CONTAINED IN CLAUSES 19.9 AND 19.10 OF THE TOU.

  6. GOVERNING LAW AND CHOICE OF JURISDICTION

Please see Clause 23 of the TOU for information on the law and jurisdiction which governs your use of THE INTERAPP CREATOR.

  1. CONTACT DETAILS

THE INTERAPP CREATOR is owned and operated by INTERAPP INC a company incorporated and registered in Delaware, United State of America

Email address

info@interappusa.com

Last Updated: June 2019

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