End User Licence Agreement

Welcome

ECHOES is licensed to You (End-User) by ECHOES.XYZ located at 2nd Floor, 10 St James St, Okehampton, EX20 1DH ("Licensor"), for use only under the terms of this License Agreement. Our VAT number is 406221932.

By downloading the Licensed Application from Apple's software distribution platform ("App Store") and Google's software distribution platform ("Play Store"), you indicate that you agree to be bound by all of the terms and conditions of this License Agreement. App Store and Play Store are referred to in this License Agreement as “Services.”

The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. ECHOES.XYZ, not the Services, is solely responsible for the Licensed Application and the content thereof.

This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions and Google Play Terms of Service ("Usage Rules"). ECHOES.XYZ acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.

ECHOES transacted through the Services is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. ECHOES is to be used on devices that operate with Apple's operating systems ("iOS" and "Mac OS") or Google's operating system ("Android").

Licence

  1. THE APPLICATION
    ECHOES ("Licensed Application") is a piece of software created to enable users to listen to sound walks created on the ECHOES web platform. It is used to enable the user to listen to audio files uploaded by creators on the ECHOES web platform embedded in locations around the world using GPS.

  2. SCOPE OF LICENSE
    2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Devices that You (End-User) own or control.
    2.2 This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application.
    2.3 You may not share or make the Licensed Application available to third parties, sell, rent, lend, lease or otherwise redistribute it.
    2.4 You may not reverse engineer, translate, disassemble, decompile, or modify the Licensed Application.
    2.5 You may not copy or alter the Licensed Application except as explicitly allowed.
    2.6 Violations may be subject to prosecution and damages.
    2.7 Licensor reserves the right to modify licensing terms.
    2.8 Nothing in this license restricts third-party terms.

  3. TECHNICAL REQUIREMENTS
    3.1 ECHOES.XYZ recommends using the latest version of the firmware.
    3.2 Licensor attempts to keep the Licensed Application updated for new versions of firmware.
    3.3 It is Your responsibility to ensure that your device satisfies the technical specifications.
    3.4 Licensor reserves the right to modify technical specifications as deemed appropriate.

  4. MAINTENANCE AND SUPPORT
    4.1 The Licensor is solely responsible for providing maintenance and support services for the Licensed Application.
    4.2 ECHOES.XYZ and the End-User acknowledge that the Services have no obligation to provide maintenance and support.

  5. USE OF DATA
    You acknowledge that Licensor will access and adjust Licensed Application content and your personal information, subject to the Licensor's privacy policy: https://echoes.xyz/privacy.

  6. USER-GENERATED CONTRIBUTIONS
    The Licensed Application provides you with the opportunity to create and share contributions. By submitting contributions, you warrant that:

    1. You own or have rights to your contributions.
    2. Your contributions do not infringe on third-party rights.
    3. Your contributions are lawful and do not violate any regulations.

  7. CONTRIBUTION LICENSE
    By posting contributions, you grant us a worldwide license to use such contributions for any purpose. You retain ownership of your contributions.

  8. LIABILITY
    8.1 Licensor's responsibility is limited to intent and gross negligence.
    8.2 Licensor takes no accountability for damages caused by a breach of this Agreement.
    8.3 Users are responsible for their own safety while using the Licensed Application.

  9. WARRANTY
    9.1 Licensor warrants that the Licensed Application is free of malware at the time of download.
    9.2 No warranty is provided for modifications outside Licensor's control.
    9.3 Users must notify ECHOES.XYZ of any defects within 3 days after discovery.

  10. PRODUCT CLAIMS
    ECHOES.XYZ is responsible for addressing any claims relating to the Licensed Application.

  11. LEGAL COMPLIANCE
    You represent that you are not located in a country subject to a UK Government embargo.

  12. CONTACT INFORMATION
    For inquiries, please contact: support@echoes.xyz

  13. TERMINATION
    This license will terminate automatically if you fail to adhere to any terms.

  14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
    ECHOES.XYZ will comply with applicable third-party terms; Apple and Google are considered third-party beneficiaries.

  15. INTELLECTUAL PROPERTY RIGHTS
    ECHOES.XYZ is responsible for any third-party claims regarding intellectual property.

  16. APPLICABLE LAW
    This License Agreement is governed by British law.

  17. MISCELLANEOUS
    17.1 If any terms are invalid, remaining provisions remain effective.
    17.2 Changes are valid only if in writing.