StoryTrails Mobile App Terms of Use

 

1. STORYTRAILS MOBILE APP Terms of Use– 

Who we are and what this agreement does 

We Royal Holloway, University of London “StoryFutures” of Egham Hill, Egham, Surrey TW20 0EX (“StoryFutures”). license you to use: 

• StoryTrails (App), the data supplied with the software, the App and any updates or supplements to it. 

• [[The related online OR electronic] documentation] (Documentation). 
• [The services you connect to via the App and the content we provide to you through it (Services). 

as permitted in these terms. 

 

Safe and appropriate use 

While you are using the App, please be aware of your surroundings, and play and communicate safely.  

 

You agree that your use of the App is at your own risk, and that you will not use the App to violate any applicable law, regulation, Event policies, or instructions as outlined in these Terms and you will not encourage or enable any other individual to do so. 

 

 

The App cannot be used while driving any type of vehicle, motorised, prime mover, bicycle etc. You must be walking on foot or wheelchair, you must obey all traffic laws and regulation on the road and pay sufficient attention to traffic and other hazards.  

 

You agree to use the App at your own risk. 

 

You take the risk of injury to yourself by using the App or while using the App and agree that you will not use the App to encourage or allow other individuals to violate laws, rules or regulations.  

 

While using the App, you agree not to attack others, threaten others in any way, trespass or invade private property.  

 

StoryFutures shall not be held liable for property damage, bodily injury or death without authorisation or otherwise for activities that may result in personal injury, death property damage and/or any kind of liability, including claims based on applicable laws, reules or regulations, or violations of your liability for negligence or other illegal acts that may occur during use of the App.  

 

You agree to indemnify StoryFutures and its executives, employees, and agents in connection with any claims disputes, demands, liabilities, damages, losses, costs and expenses not limited to such charges, including reasonable attorneys’ fees in any way in connection with the use of the App or any violation of this Terms of Use.  

 

The App is in no way intended as a wayfinding or map service. Although we make reasonable efforts to update the information provided by the App and the information accessed in it, we make no representations and give no guarantees that such information is accurate, complete or up to date.  

 

 

Your privacy 

We only use any personal data we collect through your use of the App and the Services in the ways set out in our privacy policy and those required to provide SERVICES as set out below in ADDITIONAL TERMS FOR SPECIFIC SERVICES.  

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

By using the App, you agree to us collecting and using technical information about the devices on which you use the App and related software, etc. to improve our products and to provide any services to you.  

 

By using the App’s “Hope Notes” function for creating user generated messages you agree to anonymised messages to be stored on the AWS cloud storage service for a minimum of 12 months.  

 

Additional terms for specific Services 

In addition the “Services” set out below will be governed by the following terms of use and privacy policies : 

Service	Web address of terms of use	Web address of privacy policy
LOCATION BASED SERVICES	https://story-trails.com/legal	https://story-trails.com/legal
NIANTIC LIGHTSHIP SERVICES	https://lightship.dev/terms/	https://nianticlabs.com/privacy/business/

 

Please note, you are also subject to any terms or rules applied by the appstore from which you download the App at either Google Play or Apple App Store.  

 

location based services  

 

StoryFutures reserves the right between providing location based Services, personal location data subject (hereinafter referred to as “Users”) to use StoryFutures location-based service for which, obligations and responsibilities and other necessary regulatory purposes, for the use of the App.. 

  

Effectiveness and Change of Usage Notice 

 This notice is effective when the user agrees to this notice and is registered as a user of the location-based service according to the procedures set by StoryFutures. 

StoryFutures may revise the notice for the purpose of reflecting changes in laws or location-based Services . 

If the notice is changed, the company posts the change at least 7 days before through the company’s homepage and other notice pages. 

However, the revised contents will be posted 30 days before significant changes in user’s rights occur. 

  

 

Contents of Service 

StoryFutures provides the following location-based Services by using the user’s current location or the location including the current location collected directly or from the location information provider. 

 

Notification and route guidance according to location / region in   

 

Service Charge 

The location based Services provided by the App are free. 

However , the data communication fee incurred when using the wireless service is separate and is subject to the policies of the respective carriers. 

  

Restriction and Suspension of Location Based Service  

The Company may restrict, change or suspend all or part of the Location Based Services if it cannot maintain the Location Based Services due to StoryFutures general circumstances or the law, such as the policy of the Location Based Service Provider. 

However, in case of discontinuation of location-based Services according to the above, the Company will notify or notify the user through other notice page such as company homepage in advance. 

 

Niantic lightship services 

Niantic may collect, receive, process, use and store (through the Lightship SDK or otherwise) information about users of the App and more generally information and data collected from end-users of the App (such as AR session data, which may include Map Data) in order to provide, operate, maintain and/or improve Lightship and to develop new products and services, and as otherwise set forth in the Niantic Controller-Controller Data Processing Agreement. Use of the App is therefore subject to the Niantic Controller-Controller Data Processing Agreement to the extent required by data protection laws. 

 

Operating system requirements 

Android and iOS devices compatible with Augmented Reality and Niantic’s Lightship Service. These include the handsets listed below. StoryFutures makes no guarantee that the App will work on any other  

• iOS 

• iPhone 8, 8 Plus, X 
• iPhone XR, Xs, Xs Max 

• iPhone 11, 11 Pro, 11 Pro Max 
• iPhone 12, 12 mini, 12 Pro, 12 Pro Max 
• iPhone 13, 13 mini, 13 Pro, 13 Pro Max 

• Android 

• Adreno 630, Mali G-72 (Google Pixel 3, Samsung Galaxy S9 and S9+) 

• Adreno 640, Mali G-76 (Google Pixel 4, Samsung Galaxy S10, Note 10) 
• Adreno 650, Mali G-77 (Samsung Galaxy S20, Note 20) 
• Adreno 660, Mali G-78 (Samsung Galaxy S21, Note 21) 

 

• Operating Systems 

• iOS 14 and above  

Support for the App and how to tell us about problems 

Support. If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at www.story-trails.com   

Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at storytrails@rhul.ac.uk.  

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. 

How you may use the App, including how many devices you may use it on 

In return for your agreeing to comply with these terms you may: 

• download or stream a copy of the App onto 6 handheld devices and view, use and display the App and the Service on such devices for your personal purposes only. [In addition you may share the App and the Service in accordance with the rules set out in Google Play or Apple App Store. 
• use any Documentation to support your permitted use of the App and the Service. 
• receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you. 

WHO MAY USE THE APP?  

The App is recommended as for ‘Parental Guidance’, and is not designed for children under 13.  

Regardless of the age of Child, parents or legal guardians (“Parents“) must provide consent to use the App. Parents can provide and verify their consent through the relevant AppStore. Where Parental consent is required, StoryFutures recommends that Parents monitor the Child’s online activity and use of the Service. 

The verification and consent process for Children is the responsibility of Parents. The Parent must set up such verification as they deem appropriate with the AppStores or 3rd Party providers.  

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, STORYFUTURES DECLINES ANY RESPONSIBILITY REGARDING ANY ACTIVITIES CONDUCTED BY A CHILD WITH OR WITHOUT THE PERMISSION OF A PARENT. IF YOU ARE A PARENT AND YOU GIVE YOUR PERMISSION FOR YOUR CHILD TO DOWNLOAD AND USE APPS CATEGORISED AS FOR 12+ ON THE APPSTORES YOU THEREBY AGREE TO THE TERMS RELATING TO USE OF THE APP BY YOUR CHILD. 

Changes to these terms 

We may need to change these terms to [reflect changes in law or best practice or to deal with additional features which we introduce or to comply with funding reporting requirements].  

If you do not accept the notified changes you [may continue to use the App and the Service in accordance with the existing terms but certain new features may not be available to you.  

Update to the App and changes to the Service 

From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App 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 App and the Services.  

If someone else owns the phone or device you are using 

If you download or stream the 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.  

We may collect technical data about your device 

By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you. 

 

We are not responsible for other websites you link to 

The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).  

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.  

Licence restrictions 

You agree that you will: 

• not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security; 
• not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms; 
• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities: 
• is not disclosed or communicated without the 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 App; 
• is kept secure; and 
• is used only for the Permitted Objective; 
• comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service. 

Acceptable use restrictions 

You must:  

• not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system; 
• not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service; 
• not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service; 
• not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and 

• not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service. 

Intellectual property rights 

All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us [(or our licensors)] and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms. 

Our responsibility for loss or damage suffered by you 

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.  

 

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 the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation. 

 

 

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 the negligence of our employees, agents or subcontractors, or for fraud.  

 

We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 

Limitations to the App and the Services. The App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. 

Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the appstore site and in the Documentation) meet your requirements. 

We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services 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  but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received. 

We may end your rights to use the App and the Services if you break these terms 

We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so. 

If we end your rights to use the App and Services: 

• You must stop all activities authorised by these terms, including your use of the App and any Services. 
• You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this. 

• We may remotely access your devices and remove the App from them and cease providing you with access to the Services. 

We may transfer this agreement to someone else 

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.  

You need our consent to transfer your rights to someone else 

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

No rights for third parties 

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. 

If a court finds part of this contract illegal, the rest will continue in force 

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. 

Even if we delay in enforcing this contract, we can still enforce it later 

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. 

Which laws apply to this contract and where you may bring legal proceedings 

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.