Terms of Use
Last updated August 30, 2023
Welcome to “Measuring Tape: Digital Ruler” iOS Mobile Application Terms and Conditions.
These Terms and Conditions outline the rules and regulations for the use of “Measuring Tape: Digital Ruler”'s Mobile application.
By accessing this mobile application, we assume you accept these Terms and Conditions. Do not continue to use “Measuring Tape: Digital Ruler” if you do not agree to take all of the terms and conditions stated on this page.
1. AGREEMENT TO TERMS AND CONDITIONS
The following rules apply to these Terms and Conditions, Privacy Policy and all Agreements: "Client", "You" and "Your" refers to you, the person log on this mobile application and compliant to the Company’s terms and conditions.
"The Company", “The App”, "Ourselves", "We", "Our" and "Us", refers to our Company, as well as any other media form, media channel, Mobile Application or otherwise connected thereto (collectively, the “Mobile Application” or “Mobile App”). "Party", "Parties", or "Us", refers to both the Client and us. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Cyprus.
You agree that by accessing the Mobile Application, you have read, understood, and agreed to be bound by all of these Terms and Conditions. IF YOU DO NOT AGREE WITH AL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE MOBILE APPLICATION AND YOU MUST DISCONTINUE USE IMMEDIATELY AND UNINSTALL THE APP.
Any additional Terms and Conditions or documents that may be published on the Mobile Application from time to time are being included as part of these Terms and Conditions. We reserve the sole right to make changes or adjustments to these Terms and Conditions at any time and for any reason. We will notify you of any changes by updating the "Last updated" date of these Terms and Conditions. By using the Mobile Application, you waive any right to receive specific notice of each change.
Please make sure to review the relevant Terms every time you use our Mobile Application to understand which Terms are applicable. By continuing to use the Mobile Application after revised Terms and Conditions are published, you will be deemed to have accepted and become aware of these changes. The information provided on the Mobile Application is not intended for distribution or use in any jurisdiction or country where such distribution or use is against the law or regulations, or would require us to register in that jurisdiction or country. Therefore, individuals accessing the Mobile Application from other locations are doing so at their own initiative and are solely responsible for ensuring compliance with any applicable local laws.
This App is provided by:
Conlan Limited
155-157 Agias Fylaxeos & Spyrou Kyprianou,
ERSI COURT, Office 202, 3083,
Limassol, Cyprus
Owner contact email: support@measuring-tape.app
2. GENERAL TERMS
“Measuring Tape: Digital Ruler” is an iOS mobile app for measuring the length of (an) object(s) on a photo provided by the app users, featuring referent descriptions of various types of items and animals, search and recognition functions, as well as numerous informative articles. By using the App, you agree to use it in a proper and legal way.
3. INTELLECTUAL PROPERTY RIGHTS. END USER LICENSE AGREEMENT
Unless specified otherwise, the Mobile Application is our exclusive property. This includes all source code, databases, functionality, software, Mobile Application designs, audio, video, text, photographs, and graphics present on the Mobile Application, collectively referred to as the "Content". Additionally, the trademarks, service marks, and logos displayed on the Mobile Application referred to as the "Marks" are either owned or controlled by us, or licensed to us.
These proprietary rights are protected by copyright and trademark laws, as well as other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.
The Content and Marks on the Mobile Application are provided on an "AS IS" basis, solely for your personal information and use. Except as expressly stated in these Terms and Conditions, you are not allowed to copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or otherwise exploit any part of the Mobile Application, Content, or Marks for any commercial purpose, without our prior written permission.
The App is specifically intended for personal, non-commercial use only.
The "Measuring Tape: Digital Ruler" and all its content, works, means of individualization, and functionalities are the exclusive property of Conlan Limited, our partners, contracted third parties, and/or media content owners. These rights are protected under international and national laws, and they are not transferred to you as part of this license.
It is important to be aware that the visual materials, such as pictures, photographs, vector illustrations, videos, and other media content within the mobile application, are either made by us or obtained from various sources on the public Internet. This may include search engines like Google Search Engine or free and paid photo stocks. Additionally, some of the content may be generated using artificial intelligence.
Please note that we are NOT RESPONSIBLE for the content presented in these visual materials, as they are used for illustrative purposes. We do not assert authorship or hold exclusive rights to individual photographic materials. The exclusive rights to the media content always remain with the original authors and the sources where they were originally posted.
Moreover, any written content and accompanying visuals found within this mobile application are created using artificial intelligence tools and software. It is important to note that these materials are not to be considered recommendations, calls to action or inaction, nor should they be assumed to be true. Instead, they are provided solely for informational and demonstration purposes to the end users of the mobile application. Our company holds no responsibility for the content, as it is the responsibility of our third-party partners.
We will take legal action against any unauthorized use of our trademarks, names, or symbols to protect and restore our rights. Any rights not explicitly granted are reserved. Additionally, the names of other products and companies mentioned may be the trademarks of their respective owners.
4. USER GENERATED CONTENT
When you use the App, you retain ownership of all the images you create and upload as User Generated Content. However, you grant us a non-exclusive, worldwide, perpetual, royalty-free, sublicensable, transferable, and irrevocable license to use the User Generated Content within the App to fulfill the functionality of the App. Your User Generated Content may be used by third-party services, especially artificial intelligence for measuring object (s) displayed in the provided picture (s).
By uploading User Generated Content to the App, you give us the right to use the content without needing to provide any payment to you or any third party. Moreover, you agree not to pursue legal action or seek compensation for the copyright of your User Generated Content. Lastly, you confirm that there is no requirement for your name to be credited or associated with the User Generated Content.
Only you are responsible for the photo and video pictures provided to the App, as well as for kind of content displayed. Please make sure that neither your personal details nor sensitive confidential information of any kind are included in the media provided. WE ARE NOT responsible for media content uploaded by the end users of the mobile application.
Please be aware that we neither use, store, publish, nor trade media content provided by end users for scanning purposes. The materials shared by end users are solely employed to enhance the stability and functionality of the mobile application algorithm and to facilitate object recognition. Once the scan is completed, all user-generated media content is promptly deleted from the app. We do not store your data on our servers and/or cloud storage system.
By accepting these terms, you also acknowledge that User Generated Content should not contain any personally identifiable information. This includes images of human faces or body parts, pictures that reveal identity or location, and documents featuring personal identifiers.
Any content that is deemed inappropriate, offensive, illegal, immoral, or unsuitable for the App will be blocked without prior notice, and there will be no possibility to restore it.
5. USER REPRESENTATIONS
By using the Mobile Application, you confirm and warrant that:
(1) You possess the legal capability to do so and agree to abide by these Terms and Conditions;
(2) You will not employ automated or non-human methods, including bots, scripts, or similar means, to access the Mobile Application;
(3) You will refrain from using the Mobile Application for any unlawful or unauthorized purposes;
(4) Your usage of the Mobile Application will not contravene any relevant laws or regulations;
(5) You recognize that the "Measuring Tape: Digital Ruler" operates through the internet and mobile networks, making its quality and accessibility subject to external factors beyond our control.
If you provide any information that is false, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and deny your current or future use of the Mobile Application (or any part thereof).
6. PROHIBITED ACTIVITIES
You may not access or use the Mobile Application for any purpose other than that for which we make the Mobile Application available. The Mobile Application cannot be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Mobile Application, you agree to refrain from:
- Systematically extracting data or content from the Mobile Application with the intention of creating or compiling a collection, compilation, database, or directory, without obtaining written permission from us;
- Engaging in deceptive, fraudulent, or misleading activities towards us or other users, particularly in any attempts to acquire sensitive account information like user passwords;
- Evading, disabling, or otherwise interfering with security features of the Mobile Application, including those that prevent or limit the use or copying of any Content, or enforce restrictions on the Mobile Application's use and the Content within it;
- Downloading, using, editing, or utilizing the media and informational content presented in the mobile application without authorization;
- Disparaging, defaming, or otherwise causing harm to us and/or the Mobile Application from our perspective;
- Misusing our support services or submitting false reports of abuse or misconduct;
- Using the Mobile Application in violation of applicable laws or regulations;
- Uploading or transmitting (or attempting to upload or transmit) viruses, Trojan horses, or other materials that disrupt the uninterrupted use and enjoyment of the Mobile Application by any party, or modify, impair, disrupt, alter, or interfere with the Mobile Application's features, functions, operation;
Engaging in any form of harassment, annoyance, intimidation, or threats towards our employees or agents involved in providing any part of the Mobile Application to you;
Replicating or modifying the Mobile Application's software, which includes, but is not limited to, Flash, PHP, HTML, JavaScript, or any other code;
Using, launching, developing, or distributing any automated system, such as spiders, robots, cheat utilities, scrapers, or offline readers, that accesses the Mobile Application, except if it is a result of standard search engine or internet browser usage, or launching any unauthorized scripts or software;
Making any unauthorized use of the Mobile Application, such as collecting usernames and/or email addresses of users through electronic or other means for the purpose of sending unsolicited emails, or creating user accounts through automated means or deceptive tactics.
All disputes arising from the usage of the App, shall be governed by and construed in accordance with the laws of Cyprus, and shall be submitted to the sole jurisdiction of the competent courts of Cyprus.
7. AGE RESTRICTIONS
To be able to download, install, access, or use the App, you must be 18 years old or above. If you are between 13 and 17 years old and want to use, download, install, or access the App, you must have your parent or guardian's permission and be under their direct supervision.
Anyone below 13 years old is not allowed to download, install, access, or use the App. By confirming this agreement, you verify that you are at least 18 years old, an emancipated minor, or have the consent of a legal parent or guardian. You also confirm that you have the capability to understand and comply with all the terms, conditions, obligations, affirmations, representations, and warranties stated in this agreement.
8. NEWSLETTERS
Those users who signed up with Apple, Google, Facebook etc. accounts or provided an email address are automatically subscribed to our newsletters. You can unsubscribe anytime by clicking “Unsubscribe” button in any email from us but remember that we send all the important information and updates to the user’s registration email address.
9. MOBILE APPLICATION MANAGEMENT
We have the right, though not the obligation, to:
(1) Monitor the Mobile Application to ensure compliance with these Terms and Conditions;
(2) Take appropriate legal action, at our discretion, against any individual who violates the law or these Terms. This includes reporting such users to law enforcement authorities, if necessary;
(3) Exercise our sole discretion, without limitation, to refuse, restrict access to, limit availability of, or disable any of your Contributions or any part thereof;
(4) At our sole discretion, without liability or notice, remove or disable files and content from the Mobile Application that are excessively large or place an undue burden on our systems;
(5) Manage the Mobile Application in a manner that safeguards our rights and property and ensures its proper functionality.
10. PAYMENT
The App is available for free and grants users access to its basic features upon download. However, certain services and additional features in the "Measuring Tape: Digital Ruler" require a paid subscription. A comprehensive list of these Premium options and their pricing can be found on the App's page.
The signup screen may sometimes offer users a free trial period for Premium options, allowing users to test them out. Once the trial period is over, a subscription period will automatically begin unless cancelled at least 24 hours prior to the trial's end. Please be aware that you will be charged automatically unless the subscription is cancelled within the designated timeframe.
The Information section on the App's page displays the prices of different subscription choices in U.S. dollars. Prices may differ in countries other than the U.S. Prior to making a purchase, you will receive information about your subscription plan and the length of the free trial period on the subscription screen during the signup process. Subscriptions that include a free trial period will automatically transition to a paid subscription.
We retain the right to make changes, terminate, or modify our subscription plans at any given time. Your subscription will automatically renew within 24 hours before the current subscription period ends. The auto-renew feature for your Apple Store Account can be disabled at least 24 hours prior to the end of the current period. When purchasing, payment will be charged to your Apple Store Account. Please be aware that you cannot cancel the active subscription during its current period. You have full control over your subscriptions. Deleting the App from your device does not deactivate your subscription.
It is important to note that we are not responsible for any payment issues related to your subscriptions, as these matters are handled exclusively by the App Store. If you have any payment-related inquiries, please reach out to App Store Support.
11. TERM AND TERMINATION
These Terms and Conditions are in effect and enforceable while you use the Mobile Application.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE MOBILE APPLICATION (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION. WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE MOBILE APPLICATION OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
It is prohibited to keep using the App if your account was suspended by any reason, as well as registering and creating a new account under a fake or borrowed name, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
12. MODIFICATIONS AND INTERRUPTIONS
We have the right to alter, adjust, or delete the content of the Mobile Application at our own discretion, without prior notice. However, we are not obligated to keep the information on our Mobile Application up to date. We also reserve the right to modify or terminate the Mobile Application, either partially or completely, without notice. Any changes in pricing, suspensions, or modifications to the Mobile Application will not make us liable to you or any third party.
We cannot guarantee that the Mobile Application will always be accessible. We may encounter hardware, software, or other issues that require maintenance, resulting in interruptions, delays, or errors. We have the right to modify, suspend, discontinue, or make any other changes to the Mobile Application without notifying you, for any reason. You agree that we are not responsible for any loss, damage, or inconvenience caused by your inability to access or use the Mobile Application during periods of downtime or discontinuation. These Terms of Use do not bind us to maintain and support the Mobile Application, or provide any corrections, updates, or releases for it.
13. GOVERNING LAW
These Terms shall be governed by and defined following the laws of Cyprus. The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually.
No representations are made that the App is appropriate or available for use in other locations. Those who access or use the App from other jurisdictions do so at their own risk and are responsible for compliance with applicable laws.
In the event of a disagreement, accusation, or claim regarding the App, the App's provided services, or this Agreement (including any disputes unrelated to a contract), both parties agree to send a written notice to each other. This notice will state the nature of the disagreement and a proposed solution, and it will be sent using the most current contact information available. For a period of sixty (60) days after receiving the notice, both parties will engage in discussions with the aim of resolving the issue. However, neither party is obligated to agree to terms that make them uncomfortable, at their own sole discretion.
14. CORRECTIONS
There may be information in the Mobile Application that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information in the Mobile Application at any time, without prior notice.
15. DISCLAIMER
THE MOBILE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE". BY USING THE MOBILE APPLICATION AND OUR SERVICES, YOU ACCEPT THAT YOU DO SO AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE MOBILE APPLICATION AND YOUR USAGE OF IT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE MOBILE APPLICATION'S CONTENT OR ANY CONTENT LINKED TO IT. WE ASSUME NO LIABILITY FOR (1) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE MOBILE APPLICATION, (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR PERSONAL OR FINANCIAL INFORMATION STORED THEREIN, (4) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE MOBILE APPLICATION, (5) VIRUSES OR OTHER HARMFUL COMPONENTS TRANSMITTED BY THIRD PARTIES THROUGH THE MOBILE APPLICATION, OR (6) ANY ERRORS OR DAMAGES CAUSED BY THE USE OF ANY CONTENT OR MATERIALS AVAILABLE THROUGH THE MOBILE APPLICATION. WE DO NOT GUARANTEE OR ENDORSE ANY PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY THIRD PARTIES THROUGH THE MOBILE APPLICATION OR ANY LINKED WEBSITES OR APPLICATIONS. WE WILL NOT BE INVOLVED IN OR RESPONSIBLE FOR MONITORING ANY TRANSACTIONS BETWEEN YOU AND THIRD-PARTY PROVIDERS. IT IS IMPORTANT TO USE YOUR OWN JUDGMENT AND BE CAUTIOUS WHEN PURCHASING PRODUCTS OR SERVICES THROUGH ANY PLATFORM. THE MOBILE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE," AND WE DO NOT PROVIDE ANY WARRANTIES OR REPRESENTATIONS REGARDING ITS ACCURACY, COMPLETENESS, OR FUNCTIONALITY. WE WILL NOT BE LIABLE FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, UNAUTHORIZED ACCESS, INTERRUPTION OF SERVICE, VIRUSES, OR OTHER HARMFUL COMPONENTS TRANSMITTED THROUGH THE MOBILE APPLICATION.
16. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES WILL WE, OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE MOBILE APPLICATION, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR ANY OTHER DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGARDLESS OF THE FORM OF THE ACTION, OUR LIABILITY TO YOU FOR ANY CAUSE WILL ALWAYS BE LIMITED TO THE LESSER OF THE AMOUNT PAID BY YOU TO US OR AS PERMITTED BY CERTAIN US STATE LAWS AND INTERNATIONAL LAWS. IF APPLICABLE LAWS DO NOT ALLOW THE LIMITATION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
17. PRIVACY POLICY
We prioritize the protection of your privacy at our company. To ensure transparency regarding the collection, usage, and storage of your data, we have developed the Privacy Policy. By accessing our app and/or using our services, you agree to abide by our Privacy Policy. If you disagree with any aspect of the Policy, it is important to cease the use of the App and Services immediately. We may periodically update the policy, so we encourage you to check back regularly. We appreciate you taking the time to review our Privacy Policy.
If you have any questions, concerns, or complaints about such third-party websites or mobile applications (including, but not limited to, questions, concerns, or complaints regarding products, orders for products, faulty products, and refunds), you must address them to the operator of that third-party website or mobile application.
18. INDEMNIFICATION
You agree to protect, compensate, and release us from any harm, including our subsidiaries, affiliates, officers, agents, partners, and employees, from any losses, damages, liabilities, claims, or demands made by a third party. This includes reasonable attorney fees and expenses, resulting from or related to: (1) your use of the Mobile Application, (2) any violation of these Terms and Conditions, (3) any breach of the representations and warranties you made in these Terms and Conditions, (4) any infringement of the rights of a third party, including intellectual property rights, or (5) any harmful actions directed toward another user you connected with via the Mobile Application.
However, we reserve the right, at your expense, to take over the exclusive defense and control of any matter that requires you to indemnify us. You agree to cooperate with our defense of such claims, at your expense. We will make reasonable efforts to inform you of any claim, action, or proceeding covered by this indemnification clause upon becoming aware of it.
19. USER DATA
We will retain specific data that you send through the Mobile Application to ensure the proper functioning of the application, as well as data related to your usage of the Mobile Application. While we regularly back up data, you are solely accountable for any data you transmit or that is associated with your activities using the Mobile Application. You agree that we are not liable for any loss or damage to such data, and you waive any claims against us stemming from any loss or corruption of said data.