Terms of service
The creator of the Mixiply Platform, Theta Systems Limited (Theta), grants you the person named in the online sign up form (you or the User), a non-exclusive, non-transferable right to use the platform on the following terms (these Terms).
1 Definitions
In these Terms:
App means the mobile app version of the Platform;
Commencement Date means the date Theta first provides you with access to the Website or the date you first access the App;
Intellectual Property Rights means any patent, trade mark, service mark, copyright, moral right, design right, know-how, confidential information and any other form of intellectual or industrial property right;
Platform means the Mixiply augmented reality scripting platform described on the Website and the associated mobile app for iOS and Android created by Theta;
User Content means all content you generate through your use of the Platform;
Website means the website from which Theta makes the Platform available, the current address for which is https://mixiply.com.
2 Term and Access
2.1. Your right to use the Platform commences on the Commencement Date and will continue until terminated in accordance with these Terms.
2.2. You may login via one of the following social media logins: Twitter, Facebook, Google or Microsoft.
2.3. You must use the Platform on these Terms.
3 Your obligations
3.1. You, as a user:
a. must be 13 or older in order to be able to use the Platform;
b. are responsible for your internet connection, device configuration and use of the Platform; and
c. use the Platform at your own risk.
3.2. You will:
a. not attempt to circumvent or disable the Platform;
b. not copy, translate, adapt or modify the Platform or the Website;
c. not develop or distribute any product that would compete with the Platform or that imitates any ideas, features, or functions of the Platform;
d. not use the Platform in a way that would infringe any third-party Intellectual Property Rights;
e. not undermine the security and integrity of Theta's systems;
f. not impair the functionality of the Platform, Website or any systems used to make the Platform available or impair any other user's ability to use the Platform or the Website;
g. not input into the Platform or Website any files that may damage another person's computing device or software, content that may be offensive or inappropriate, or material or any data (including User Content) in violation of any law;
h. keep confidential your login details and any information provided by Theta that is marked confidential;
i. not use any of Theta's trade marks or other Intellectual Property Rights without Theta's prior written consent.
4 Theta Platform
4.1. Theta:
a. will use reasonable endeavours to make the Website and Platform available 24 hours a day except for maintenance windows;
b. where possible, will give you advance notice of any maintenance activity;
c. may modify the Platform at any time and without notice;
d. may restrict or impose limits on your use of the Platform without notice or liability;
e. may change, suspend, or discontinue the Platform or any part of it at any time.
5 Intellectual Property Rights and User Content
5.1. You own all Intellectual Property Rights in the User Content but Theta may:
a. use your User Content to operate the Platform and to analyse usage and improve the Platform;
b. aggregate the User Content for benchmarking and statistical purposes on an anonymous basis.
5.2. Theta owns all Intellectual Property Rights in the Platform.
5.3. Theta will not be liable for the deletion, correction, destruction, damage, loss or failure to store any User Content.
5.4. You own and have sole responsibility for the User Content, and for ensuring that Theta has the right to use it. In particular you must ensure your User Content does not include:
a. material that is not authorised by the copyright owner, protected by trade secret or otherwise subject to third party Intellectual Property rights, unless you are the owner of such rights or have permission from their rightful owner to post and sell the material and to grant Theta all of the license rights granted herein;
b. falsehoods that could damage the Platform, Theta or any third party;
c. material that is unlawful, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate.
5.5. Theta does not endorse any User Content and expressly disclaims all liability in connection with User Content. Theta may, at any time, remove from the Platform any User Content that breaches these Terms,
5.6. Theta will store and use User Content in accordance with its Privacy Statement, which is available for viewing at www.theta.co.nz/contact-us/privacy-policy
5.7. If you send Theta any feedback, ideas or suggestions regarding the Platform (Feedback):
a. you authorise Theta to use the Feedback;
b. Theta may use Feedback for any purpose and in any way;
c. Theta has no obligation to keep any Feedback confidential.
6 Liability and indemnities
6.1. Theta warrants that:
a. subject to clause 6.2, the Platform will operate substantially in accordance with the information provided on the Website; and
b. the Platform will be of a quality conforming to generally accepted industry standards. As Theta's sole responsibility and your sole remedy Theta will, at its own cost, repair or replace the aspect of the Platform that breaches the above warranties.
6.2. Theta does not warrant that:
a. the Platform is error-free, can be used without interruption or will meet all of your needs;
b. access to the Website will be uninterrupted; or
c. the Website is free from anyone accessing Theta's systems without Theta's consent.
6.3. You warrant that:
a. you comply with all laws applicable to personal information in the User Content;
b. Theta's use of the User Content will not breach any third-party rights.
6.4. Except as expressly provided in these Terms, all representations or warranties (statutory, express or implied) except any that may not be lawfully excluded, are expressly excluded.
6.5. Theta's total liability to you for all claims for damages in connection with these Terms will not exceed $100 in aggregate in respect of any one claim or series of related claims.
6.6. In no circumstances will Theta will be liable for any loss of profits or for any consequential, special, indirect or incidental loss or damages, however caused, arising out of your use of the Platform.
7 Termination
7.1. Theta may terminate your use of the Platform at any time without notice.
7.2. You may terminate your use of the Platform by deleting your account.
7.3. When your use of the Platform is to be terminated by you, you may export your User Content by using the data export option in your profile page on the Website. It will not be retrievable following termination.
7.4. Clauses 5 and 6 will survive termination of your use of the Platform.
8 Miscellaneous
8.1. Any notice to be given under these Terms must be in writing and sent to the principal place of business of the intended recipient or to any other address notified by either party to the other from time to time. A notice sent by email (will be deemed to be received when transmitted to the recipient's correct email address..
8.2. You may not assign, transfer or sub-license any of your rights under these Terms without Theta's prior written consent.
8.3. Theta may amend these Terms on posting the new terms on the Website. Your continued use of the Platform will constitute acceptance of the amended Terms.
8.4. These Terms are governed by New Zealand law.