Accurize App Terms & Conditions Of Use

Introduction
1.1 By downloading, browsing, accessing or using the Accurize mobile application (“Mobile Application”), you agree to be bound by these Terms of Use.
1.2 We reserve the right to amend these terms of use at any time.
1.3 If you disagree with any of these Terms of Use, you must immediately discontinue your access to the Mobile Application and your use of the services offered on the Mobile Application.
1.4 Continued use of the Mobile Application will constitute acceptance of these Terms of Use, as may be amended from time to time.
Definitions
2.1 In these Terms and Conditions of Use, the following terms shall have the following meanings, except where the context otherwise requires:
a) “Account” means an account created by a User on the Mobile Application or Accurize website as part of Registration.
b) “Accurize Website” means www.accurizetarget.com.
c) “Mobile Application”, “App” means the Accurize app available for download via Apple™ App Store and Google™ Play Store
d) “Privacy Policy” means the privacy policy set out in Clause 15 of these Terms of Use.
e) “Register” means to create an Account on the Mobile Application and “Registration” means the act of creating such an Account.
f) “Services” means all the services provided by Accurize AS via the Mobile Application to Users, and “Service” means any one of them.
g) “Users” means users of the Mobile Application or Accurize Website, including you and “User” means any one of them.
h) “Avatars” means a users graphical representation for display in the Mobile Application and Accurize Website and “Avatar” means any one of them.
i) “Targets” means the user created targets created within the users account on the Mobile Application or Accurize Website and “Target” means any one of them.
j) “Sessions” means recorded result data of a users target shooting and “Session” means any one of them.
General
3.1 We reserve the right to prevent you using the Mobile Application and the Service (or any part of them).
3.2 The provision of the Services and the Mobile Application does not include the provision of a mobile telephone or handheld device or other necessary equipment to access the Mobile Application or the Services.
3.3 To use the Mobile Application and/or Services, you will require Internet connectivity and appropriate telecommunication links.
3.4 You acknowledge that the terms of agreement with your respective mobile network provider (“Mobile Provider”) will continue to apply when using the Mobile Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Mobile Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.
3.5 If you are not the bill payer for the mobile telephone or handheld device being used to access the Mobile Application, you will be assumed to have received permission from the bill payer for using the Mobile Application.
3.6 By submitting any text or images (including photographs) (“Material”) via the Application, you represent that you are the owner of the Material, or have proper authorization from the owner of the Material to use, reproduce and distribute it.
Targets and Sessions
4.1 You must Register and be logged in to create Targets and record Sessions on the Mobile Application.
4.2 You acknowledge that all Target and Session data is stored on our servers and is the property of Accurize AS.
4.3 Accurize AS gives you the User perpetual permission to use the Target / Session data created by you in any way when it is available to you.
4.4 Accurize AS gives you the User perpetual permission to use the Target / Session data created by others where it is shared with you via the Mobile Application or Accurize Website in any way when it is available to you.
Avatars
5.1 Any Avatar created by you within the app remains the property of Accurize AS.
5.2 All component Avatars remain the property of Accurize AS or the original creator and may not be sold, redistributed or reproduced without the permission of Accurize AS and / or the the original creator.
5.3 Accurize AS gives you the User permission to share images of the Avatar created by you within the Mobile Application or on the Accurize Website.
5.4 Accurize AS gives you the User permission to share images of Avatars created by others when shared with you within the Mobile Application or on the Accurize Website.
Your Obligations
6.1 You warrant that all information provided on Registration and contained as part of your Account is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the information in your Account via either the Mobile Application or the Accurize Website.
6.2 Without limitation, you undertake not to use or permit anyone else to use the Services or Mobile Application:-
a) To send or receive any material which is not civil or tasteful.
b) To send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights.
c) To send or receive any material for which you have not obtained all necessary licences and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world.
d) To send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
e) To cause annoyance, inconvenience or needless anxiety.
f) To intercept or attempt to intercept any communications transmitted by way of a telecommunications system.
g) For a purpose other than which we have designed them or intended them to be used.
h) For any fraudulent purpose.
i) Other than in conformance with accepted Internet practices and practices of any connected networks.
j) In any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.
k) In such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure.
6.3 Without limitation, you further undertake not to or permit anyone else to:-
a) Resell or share and data, vouchers or personal information displayed within the Mobile Application.
b) Furnish false data including false names, addresses and contact details.
c) Attempt to circumvent our security or network including to access data not intended for you, log into a server or account you are not expressly authorised to access, or probe the security of other networks (such as running a port scan).
d) Execute any form of network monitoring which will intercept data not intended for you.
e) Enter into fraudulent interactions or transactions with us (including interacting or transacting purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party).
f) Extract data from or hack into the Mobile Application.
g) Use the Services or Mobile Application in breach of these Terms of Use.
h) Engage in any unlawful activity in connection with the use of the Mobile Application or the Services.
i) Engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Mobile Application or Services.
j) Use the Mobile Application on a mobile telephone or other handheld device that has been rooted or jail-broken.
Rules About Use Of The Mobile Application And Service
7.1 We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Services or the Mobile Application will be free of faults, and we do not accept liability for any such faults, errors or omissions.
7.2 We do not warrant that your use of the Services or the Mobile Application will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Services or the Mobile Application will be transmitted accurately, reliably, in a timely manner or at all. Notwithstanding that we will try to allow uninterrupted access to the Services and the Mobile Application, access to the Services and the Mobile Application may be suspended, restricted or terminated at any time.
7.3 We do not give any warranty that the Services and the Mobile Application are free from viruses or anything else which may have a harmful effect on any technology.
7.4 We reserve the right to change, modify, substitute, suspend or remove without notice any information or Services on the Mobile Application from time to time.
7.5 Your access to the Mobile Application and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can.
7.6 For the avoidance of doubt, we reserve the right to withdraw any information or Services from the Mobile Application at any time.
7.7 We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of these Terms of Use.
Suspension And Termination
8.1 If you use (or anyone other than you, with your permission uses) the Mobile Application, any Services in contravention of these Terms of Use, we may suspend your use of the Services and/or Mobile Application.
8.2 If we suspend the Services or Mobile Application, we may refuse to restore the Services or Mobile Application for your use until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of these Terms of Use.
8.3 Accurize AS shall fully co-operate with any law enforcement authorities or court order requesting or directing Accurize AS to disclose the identity or locate anyone in breach of these Terms of Use.
8.4 Without limitation to anything else in this Clause 8, we shall be entitled immediately or at any time (in whole or in part) to:
a) Suspend the Services and/or Mobile Application.
b) Suspend your use of the Services and/or Mobile Application.
c) Suspend the use of the Services and/or Mobile Application for persons we believe to be connected (in whatever manner) to you, if
i) You commit any breach of these Terms and Conditions of Use.
ii) We suspect, on reasonable grounds, that you have, might or will commit a breach of these Terms of Use.
iii) We suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.
8.5 Our rights under this Clause 8 shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
Subscriptions
9.1 Some parts of the Service are billed on a subscription basis (‘Subscription(s)’). You will be billed in advance on a recurring and periodic basis (‘Billing Cycle’). Billing cycles are on a monthly basis.
9.2 At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Accurize AS cancels it. You may cancel your Subscription renewal either through your device subscription management page or by contacting Accurize AS customer support team.
9.3 A valid payment method is required to process the payment for your Subscription. Your subscription payments shall be will be processed through the Google Play or iTunes app store from which you originally downloaded the application.
9.4 You acknowledge and agree that all billing and transaction processes are handled by the App Store Provider from whose platform you downloaded the Accurize App and are governed by the App Store Provider’s terms and conditions/EULA. If you have any payment related issues with In-App Purchases, then you need to contact the App Store Provider directly.
9.5 Should automatic billing fail to occur for any reason, Accurize AS will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Disclaimer And Exclusion Of Liability
10.1 The Mobile Application, the Services, the information on the Mobile Application and use of all related facilities are provided on an “as is, as available” basis without any warranties whether express or implied.
10.2 To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the Mobile Application and its contents, including in relation to any inaccuracies or omissions in the Mobile Application, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.
10.3 We do not warrant that the Mobile Application will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the Mobile Application will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
10.4 While we may use reasonable efforts to include accurate and up-to-date information on the Mobile Application, we make no warranties or representations as to its accuracy, timeliness or completeness.
10.5 We shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the mobile application and the services offered in the mobile application, your access to, use of or inability to use the mobile application or the services offered in the mobile application, reliance on or downloading from the mobile application and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.
10.6 We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the Mobile Application and these Terms of Use.
10.7 For the purposes of these Terms of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.
10.8 The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.
10.9 Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the Mobile Application, or electronic mail transmitted to and from us, will not be monitored or read by others.
Indemnity
11.1 You agree to indemnify and keep Accurize AS indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of:
a) Your use of the Services.
b) Any other party’s use of the Services using your email address, password and/or any identifier number allocated by Accurize AS.
c) Your breach of any of these Terms of Use, and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding.
Intellectual Property Rights
12.1 All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks in the Mobile Application are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.
12.2 Nothing contained in the Mobile Application should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed in the Mobile Application without our written permission. Misuse of any trademarks or any other content displayed in the Mobile Application is prohibited.
12.3 We will not hesitate to take legal action against any unauthorised usage of our trade marks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trade marks of their respective owners.
Amendments
13.1 We may periodically make changes to the contents of the Mobile Application, including to the descriptions and services advertised, at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of the Mobile Application.
13.2 We reserve the right to amend these Terms of Use from time to time without notice. The revised Terms of Use will be posted here and shall take effect from the date of such posting. You are advised to review these terms of use periodically as they are binding upon you.
Applicable Law And Jurisdiction
14.1 The Mobile Application can be accessed from all countries around the world where the local technology permits. As each of these places have differing laws, by accessing the Mobile Application both you and we agree that the laws of Norway, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the Mobile Application.
14.2 You accept and agree that both you and we shall submit to the exclusive jurisdiction of the courts of Norway in respect of any dispute arising out of and/or in connection with these Terms of Use.
Device Location Data
15.1 If you give permission from within the Mobile Application the Mobile Application will use and store your devices location data. We collect this data only for the purposes of;
a) Improving the quality and your experience of the Mobile Application.
b) To offer exclusive offers based upon your location and / or location history.
c) To understand the Mobile Application usage based upon location.
Privacy Policy
16.1 Access to the Mobile Application and use of the Services offered on the Mobile Application by Accurize AS is subject to our Privacy Policy. By accessing the Mobile Application and by continuing to use the Services offered, you are deemed to have accepted our Privacy Policy, and in particular, you are deemed to have consented to our use and disclosure of your personal information in the manner prescribed in this Privacy Policy. We reserve the right to amend this Privacy Policy from time to time. If you disagree with any part of this Privacy Policy, you must immediately discontinue your access to the Mobile Application and your use of the Services.
Translation Discrepancies
17.1 Where any discrepancies arise between the published translated versions and the English version of these Terms of Use the English version shall be deemed correct and override any contradictions.