TERMS OF USE FOR SPACE2SITE

PLEASE READ THESE TERMS CAREFULLY

WHO WE ARE AND WHAT THIS AGREEMENT DOES

SPELFIE LIMITED is a company incorporated and registered in Scotland with company number SC575621 and having its registered office at 8^th Floor, 80 St Vincent Street, Glasgow G2 5UB, Scotland, United Kingdom ( Spelfie).

The reference to “we”, “our” and “us” in these Terms means Spelfie.

Spelfie is a wholly owned subsidiary of Space Aye Limited (being a company incorporated and registered in Scotland with company number SC422229 and having its registered office at 8^th Floor, 80 St Vincent Street, Glasgow G2 5UB, Scotland, United Kingdom ( Space Aye Limited)). Spelfie and Space Aye Limited are together referred to as the “Tripsology Group“.

These terms (together with the documents referred to) (Terms) tells you the terms of use on which you may make use of the following:

• the “Space2Site” mobile application software operated by Spelfie ( Space2Site App)
• the website at www.space2site.com operated by Spelfie (Space2Site Website)

(together the “Products” and each a “Product”).

YOUR PRIVACY

To provide the Space2Site App we must process information about you. The types of information we collect depends on which Products you use and how you use them. We only use any personal data we collect in the ways set out in our privacy notice.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Products may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

TERMS THAT APPLY

These Terms shall apply to your use of the Space2Site App and the Space2Site Website.

SUPPORT FOR THE PRODUCTS AND HOW TO TELL US ABOUT PROBLEMS

Contacting us (including with complaints). If you think the Products are faulty or misdescribed, you have any concerns about material which appears in our Products, or you wish to contact us for any other reason then please email our customer services team at info@space2site.com.

How we will communicate with you . If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.

1. General

1.1 These Terms are the terms of use on which you may make use of the Products, whether as a guest or a registered user.

1.2 Please read these Terms carefully before you start to use any of the Products. By using the Products (or any of them), you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Products.

1.3 The reference to “you” or “your” in these Terms means the person or organisation registering on and using the Products.

1.4 The ways in which you can use the Space2Site App may also be controlled by the rules and policies of App Store or Google Play store.

1.5 The minimum system requirements required to download and operate the relevant version of the Space2Site App will be set out on the App Store and Google Play store.

2. Age Restriction

2.1 The Spelfie App is for persons aged 18 years of age and older. In the event that you are (a) under 18 years of age, or (b) prohibited under any applicable laws from accessing or using the Products, please do not purchase, access or use the Space2SiteApp.

3. Accessing the Products

3.1 You will be required to complete a registration form when registering for the Space2Site App. If you are completing a registration form, you are indicating that you have read these Terms and each of the policies referred to in these Terms.  You must not register on, or login to, the Space2Site App using someone else’s details.  We may refuse the creation of an account on the Space2Site App for any reason

3.2 Access to the Products is permitted on a temporary basis, and we reserve the right to withdraw or amend the Products without notice. We will not be liable if for any reason any of the Products are unavailable at any time or for any period.  You may not transfer the Products (or any of them) to someone else, whether for money or otherwise.

3.3 From time to time, we may restrict access to the Products (or any parts of the Products).

3.4 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures for the Products, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.

3.5 When using the Products, you must comply with the provisions of the Acceptable Use Policy.

3.6 If you download the Space2Site App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms, whether or not you own the phone or other device.

3.7 You may receive and use any free supplementary software code or update of the Space2Site App incorporating “patches” and corrections of errors as we may provide to you.

4. Intellectual property rights

4.1 We are the owners (or the licensees) of all intellectual property rights in the Products. Those rights are protected by laws and treaties around the world. All such rights are reserved.

4.2 The Products are licensed (not sold) to you.  You have no intellectual property rights in, or to, the Products other than the right to use them in accordance with these Terms.

4.3 You must not use any part of the materials in the Products (including, without limitation, the satellite images provided by Airbus SE (or any of its group companies) (Airbus)) for personal or commercial purposes (other than to use the Space2Site App) without obtaining a licence to do so from Spelfie or, where applicable, the relevant licensor.

4.4 If you print off, copy or download any part of the Products in breach of these Terms, your right to use the Products will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

4.5 You agree that you will:

4.5.1 not rent, lease, sub-license, loan, provide, or otherwise make available the Products in any form (in whole or in part) to any person without prior written consent from us;

4.5.2 not copy the Products (in whole or in part) except as part of the normal use of the Products;

4.5.3 not translate, merge, adapt, vary, alter or modify, the whole or any part of the Products nor permit the Products or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Products on devices as permitted in these Terms;

4.5.4 not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Products nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the UK Copyright, Designs and Patents Act 1988 (as amended)) such actions cannot be prohibited because they are necessary to decompile the Products to obtain the information necessary to create an independent program that can be operated with the Products or with another program (Permitted Objective), and provided that the information obtained by you during such activities:

• is not disclosed or communicated without the relevant licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
• is not used to create any software that is substantially similar in its expression to the Products;
• is kept secure; and
• is used only for the Permitted Objective;

4.5.5 comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Products.

4.6 Your use of the satellite images provided by Airbus in the Products is also subject to the applicable Airbus end user licence agreement.

5. Reliance on information posted

5.1 Commentary, information and other materials posted on the Products are not intended to amount to advice on which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such commentary, information and materials by any visitor to the Products, or by anyone who may be informed of any of its contents.

5.2 We are not obliged to identify to you any content or material which is incorrect, out of date, superseded or incomplete, nor are we obliged to update, correct or complete such content. We hereby disclaim any express or implied warranties as to the completeness or accuracy of the Products.

6. Updates and access to the Products

6.1 Spelfie aims to update the Products regularly and may change the content at any time. If the need arises, Spelfie may suspend access to the Products, or close them (or any of them) indefinitely.

6.2 The Products are currently provided to end users free of charge. Spelfie reserves the right to offer alternative or enhanced versions of the Products which require payment for access. In such event, these Terms shall be updated to reflect any payment terms and you shall be notified accordingly by email, SMS or via the Products.

6.3 Whilst we try to ensure that access to the Products is always available, from time to time we may decide to temporarily restrict or block access to, or use of, all or part of the Products without notice and reserve the right to do so, whether for the purpose of servicing the Products or otherwise. We do not warrant that the Products, or any part of them, will be available at all times, and you acknowledge and accept this. We accept no liability, no matter how that may be caused, arising from any unavailability, interruption, defect or loss of access to or function of the Products or any part of it at any time.

6.4 From time to time we may automatically update the Products (or any of them) to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the Products (or any of them) for these reasons.  If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the relevant Products or the functionality of the relevant Products may be affected.

6.5 Where we use geofencing in respect of the Space2Site App then you will not be able to check in using the Space2Site App unless you are located within the specific geographic area.

7. Collection of data

7.1 By using the Products, we may collect and use technical information about the devices you use the Products on and related software, hardware and peripherals to improve the Products and to provide any services to you or any third party.

7.2 The Space2Site App will where you have consented make use of location data sent from your device(s).. If you use Space2Site App, you are allowing us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based products and services. You may stop us collecting such data at any time by turning off the location services settings in your device but this may affect your ability to use the Space2Site App.

8. Our liability

8.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.

8.2 We are not liable for business losses. If you use the Space2Site App for any commercial or business purposes we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

8.3 Although we make reasonable efforts to update the information provided by the Products, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. 

8.4 We are not responsible for events outside our control. If our provision of the Products or support for the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.

8.5 We have no control over the weather conditions at the relevant location (including, without limitation, cloud coverage and shadows which may cause the relevant location to be obscured (in whole or in part) in a satellite image) and we will not have any liability to you in respect thereof.  In addition, (a) due to the nature of satellite imagery, the quality of the image may vary or there may be technical issues with the satellite which prevents an image being taken, and (b) we have no control over (i) connectivity at the relevant location, (ii) your network supplier, (iii) third party providers of images or video, and (iv) any other reason outwith our control, which may cause a failure or delay in the capture, processing and/or delivery of the Space2Site image or video, and in each of these foregoing circumstances we will not have any liability to you.   You acknowledge and agree that we may edit Space2Site images and videos(either manually or using software), and in these circumstances we will not have any liability to you.

8.6 We are not responsible for any loss or damage that is not foreseeable.

8.7 Our liability to you in all circumstances arising under these Terms will be limited to GBP £10 except where it would be unlawful to do so.

9. Privacy Notice

We process information about you in accordance with our Privacy Notice.  By using the Products you confirm that you have read and understood the Privacy Notice and that all data provided by you is accurate.

10. Transactions concluded through the Products

Contracts for the supply of goods, services and/or information with third parties formed through the Products or as a result of visits made by you are governed by the relevant third parties’ terms and conditions of supply.

11. Uploading material to the Products

11.1 Whenever you make use of a feature that allows you to upload material to the Products, or to make contact with other users of the Products, you must comply with the content standards set out in the Acceptable Use Policy.

11.2 For any material (including, without limitation, your name, profile picture and any videos, images or selfies) you input or upload to the Products you grant us a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use, modify, adapt, reproduce, make derivative works, publish, copy, distribute, transmit and disclose to third parties (including, without limitation, any contractor which engages or employs you (or any client or ultimate client of such contractor)) any such material in order to provide services under the Products or for any other purpose (including, without limitation, promoting the Products).

11.3 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted or uploaded by you or any other user of the Products. 

11.4 You must not upload any content or materials (including, without limitation, any images) which would result in a breach of a third party’s intellectual property rights or infringes the privacy and/or other rights of any other person. 

11.5 We have the right to remove any content, material or posting you make on the Products if, in our opinion, (a) such content, material or posting does not comply with the content standards set out in the Acceptable Use Policy, or (b) there is a breach by you of these Terms.

11.6 We may at our sole discretion remove (or use software to filter content and remove) potentially infringing content and material (including, without limitation, trade marks and copyright protected materials contained in a selfie or other image which you upload to the Space2Site App).

12. Viruses, hacking and other offences

12.1 You must not misuse the Products by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Products, the server on which the Products are stored or any server, computer or database connected to the Products. You must not attack the Products via a cyber-attack, denial-of-service attack or a distributed denial-of service attack.

12.2 By breaching this provision, you would, without limitation, commit a criminal offence under the Computer Misuse Act 1990 (as amended or replaced from time to time). We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Products will cease immediately. 

12.3 We will not be liable for any loss or damage caused by a cyber-attack, distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, device(s), computer programs, data or other proprietary material due to your use of the Products or to your downloading of any material posted on it, or on any website linked to it.

13. Linking to the Products

13.1 Where the Products contain links to other websites, mobile phone applications and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources or privacy notices and accept no responsibility for them or for any loss or damage that may arise from your use of them.

13.2 When you access any such websites or mobile phone applications belonging to other companies or persons you will become subject to the terms and conditions and policies which apply to those websites or mobile phone applications. It is your responsibility to ensure that you are familiar with and willing to accept them.  We disclaim any liability associated with your use of those services or for your failure to view, comply or familiarise yourself with their terms, conditions and policies.

14. Termination

14.1 We reserve the right, at our sole discretion, to suspend or terminate your use of the Products at any time without notice.

14.2 Your account may be suspended or closed if we consider, in our sole discretion, that you have at any time brought the Products (or any of them) into disrepute or are in breach of these Terms or any of the policies referred to in these Terms.

14.3 If we end your rights to use the Products you must stop all activities authorised by these Terms, including your use of the Products.

15. Cookies

Cookies are text files containing small amounts of information, which your computer or mobile device downloads when you visit a website. We use cookies in the Products, although you have a choice as to whether to allow the use of some of these cookies. Please see our Cookies Policy for further details.

16. Internet communications

We reserve the right to monitor all internet communications, including without limitation web and email traffic in respect of the Products for the purposes of security, ensuring compliance with these Terms, and detecting fraud and other crimes.

17. Transferring these Terms

17.1 We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens.

17.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

18. Trademarks

www.spelfie.com is a trade mark of Spelfie

www.space2site.com is a trade mark of Spelfie

“Space2Site” is a trade mark of Spelfie

“Spelfie” is a registered trade mark of Spelfie

“Space 2 Consumer” is a registered trade mark of Spelfie

“Airbus” is a registered trade mark of Airbus

19. Variations

19.1 We may need to change these Terms to reflect changes in law or best practice or to deal with additional features which we introduce.

19.2 We will give you notice of any change by sending you an email, SMS or push notification with details of the change or notifying you of a change when you next start the relevant Product.

19.3 If you do not accept the notified changes you may be unable to continue to use the Products.

20. Validity

If any of these Terms (or part thereof) is declared to be unlawful, invalid, void or for any reason unenforceable, this will have no effect on the validity and enforceability of the remaining provisions (and parts thereof) of these Terms and shall be replaced by an enforceable provision which reflects the closest position to that intended by the unlawful, invalid, void or unenforceable provision.

21. Waiver

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

22. No rights for third parties

Except where Airbus has the right to enforce its end user license agreement against you pursuant to clause 4.6 above,  these Terms do not give rise to any rights of third parties to enforce any term of these Terms.

23. Jurisdiction and applicable law

23.1 These Terms are governed by Scots law.

23.2 Any dispute or claim will be subject to the exclusive jurisdiction of the Scottish courts. 

Updated: April 2023