These Terms and Conditions apply when there is a Contract for Services between Turas Engagement Partners Ltd (trading as Flo-culture) ("Turas," "we," "us") and the person or entity using our Services ("client," "you," "your"). These Terms and Conditions govern the Contract and are the only applicable terms and conditions. They apply to all Services provided; no other Terms and Conditions will be considered.

Our Privacy Policy and Cookie Policy apply to individual users of any app or digital product built using our AR Digital Tours Software. They are published within the app itself and linked from the relevant App Store and Google Play Store listings, and set out how we handle end-users' personal data and use cookies. These policies do not form part of the Contract between us and you as our Client, and do not require your acceptance under this Contract. Where the Privacy Policy or Cookie Policy is updated, the updated version will apply to end-users automatically, and the current version will be published on our website and within the app.

Turas Engagement Partners Ltd is a company registered in England and Wales (Company No. 16634313), with its registered office at Church Hall, 53 Front Street, East Boldon, NE36 0SD.

The Contract is between you and us, so you may not require us to supply the Services to another person, and no other person will be entitled to enforce the Contract against us.

You must agree to the Terms and Conditions outlined to use any of the Services we provide. You cannot use or access our Services if you disagree with these terms. If you violate any of these terms, we may terminate your Contract.

We reserve the right to refuse to provide our Services to any person or entity without the obligation to explain our decision.

You must read, agree with, and accept all Terms and Conditions.

We may amend these terms by posting a revised version on our website. Where you are a named Customer under a signed Contract for Services, any substantive changes will be notified to you directly in writing.

We are granting you a non-exclusive and non-transferable licence to use the AR Digital Tours Software, which we use to deliver your app ("your App"), for the duration of the Contract, subject to your payment of fees as specified. Please note that you do not have the right to grant sub-licences. The licence may be terminated early if service conditions are breached.

For the avoidance of doubt, the AR Digital Tours Software is provided on a rental basis only, and the licence granted is subject to you paying the fees specified in the Contract.

You may use your App and associated AR Digital Tours Software only at the site(s) specified in the Contract.

You can use the AR Digital Tours Software solely to publish your App. Under no circumstances should you allow any third party to use the AR Digital Tours Software or use it on behalf of or for the benefit of any third party.

Occasionally, we may update our AR Digital Tours Software and connected apps, which may add, modify, and/or remove features. We will alert you to any changes in advance where practicable. Still, these updates may be pushed out automatically with little or no notice, especially in response to third-party updates.

We reserve the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part of it). We will alert you to any changes in advance where practicable. Where these changes significantly impact the Services we provide you, you have the right to terminate your Contract for Services by informing us in writing of your request. If you terminate the Contract this way, you will not be entitled to a refund of the Price or any part of it that you have already paid. We won’t be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

When you use our AR Digital Tours Software to create an app that you want us to publish in the App stores, we will be responsible for publishing your App on our developer account.

Part of this process involves gaining publishing approval for your App on the App and Google Play Stores. We are experienced in securing approval and are confident, especially since your App has been created on our AR Digital Tours Platform, that approval will be given; however, we cannot guarantee acceptance. If, in an exceptional circumstance, your App is not approved for publication, and you have followed the advice we have given in relation to the content in your App, and your App is still not approved, you may terminate our Contract. In this situation, you will not be liable for any future planned payments. However, we will not refund any previous fees.

You shall pay for Services at such times as set out in the Contract or within 30 days of the date of Turas Engagement Partners Ltd (trading as Flo-culture)'s invoice. We will not make any refunds or credits for partial months of service or refunds for months when you do not use your Account.

All prices are quoted exclusive of value-added tax or any replacement tax ("VAT"), and the Customer shall pay VAT at the appropriate rate.

Prices of all Services, including but not limited to subscription plan fees, are subject to change upon 30 days' notice from us. We will provide that notice anytime by posting the changes on our website and directly to paying customers.

If you are late in paying us, we may charge you interest on the amount you owe us until it is paid at a rate of 5% above the base rate of the Bank of England. We may also suspend the provision of the Services until we are paid in full, provided we give you 48 hours' written notice.

We will charge for any Services cancelled by the Customer where at least four clear Working Days' notice is not given.

If you fail to pay us under the Contract on the due date, then, without prejudice to any other right or remedy available, we may suspend the provision of Services described in the Contract without liability to you.

You will need to supply us with the information we need to set up an account and give us permission to use these details to contact you regarding the delivery of Services. We will not use these details for any other purpose or share or sell them to any third party.

Once your App(s) is/are live, you will not use it/them for any purposes that may be unlawful, illegal, or unacceptable for a family audience.

You must maintain exclusive possession of and control over access to the AR Digital Tours Software. It is your responsibility to implement adequate security measures to prevent any unauthorised access or use of our Software Services by anyone. We will not be liable for any loss or damage if you fail to comply with this security obligation.

Please notify us immediately if you know anyone using the AR Digital Tours Software without authorisation. You agree to allow us, our employees, and agents to check the use of the Software Services at reasonable times. For this purpose, we may require entry to your premises.

You are not allowed to change, adjust, modify, or translate any portion of the AR Digital Tours Software in any manner. You are also prohibited from combining or integrating any part of the AR Digital Tours Software with any other computer programs, decompiling, disassembling or reversing the Software, or attempting to do any of these actions.

You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.

You agree not to copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble our Service or any part thereof.

You agree not to use or copy —in whole or in part— any copyrighted materials and/or content we provide.

You agree not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of our Services or systems or networks connected to our Services, or otherwise interfere with or disrupt the operation of any of our Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks.

You agree to allow us to use in perpetuity, worldwide and free of charge, any version of your App or Workspace (or any part thereof) for any of our marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes. You waive any claims against us or anyone on our behalf relating to any past, present or future moral rights, artists' rights, or any other similar rights worldwide that you may have in or to your App with respect to such limited permitted uses.

You retain ownership of the intellectual property rights (“IP”) in any content you supply to be displayed within the app or present in your Workspace.

You grant us a licence to use that content to supply the Services and warrant that you own the IP in it, or you have the right to use it within the app and that it does not infringe the rights of any third party.

You agree that if you provide any content that infringes third-party IP and a claim is made against us in relation to that IP, you will fully compensate us for all losses (including but not limited to our reasonable legal costs) associated with such claims.

We own all IP in the Software and the Services besides the IP in your supplied content. You do not have any right or licence to do anything with our IP.

Notwithstanding the above, Turas Engagement Partners Ltd (trading as Flo-culture) grants the Customer a perpetual, worldwide, royalty-free, non-exclusive licence to use, reproduce, adapt, and exploit any deliverables, outputs, or materials created specifically for the Customer under this Contract (excluding the underlying AR Digital Tours Software and platform). This licence shall survive termination or expiry of the Contract.

Turas Engagement Partners Ltd (trading as Flo-culture) further warrants that the Services, Software, and deliverables it provides under this Contract will not infringe the intellectual property rights of any third party. Turas will fully compensate the Customer against all losses, damages, costs, and expenses (including reasonable legal fees) incurred by the Customer arising from any claim that the Services, Software, or deliverables infringe a third party’s intellectual property rights.

Where we or you disclose confidential information to each other, the receiving party shall be obliged to keep that information confidential. It shall only use it for the purpose for which it is disclosed. This obligation of confidentiality shall not apply concerning disclosures ordered by a court or regulatory authority. It shall not apply regarding information that enters the public domain without a breach of this obligation of confidentiality or is provided to the receiving party free of any obligation of confidentiality.

Apple (iOS) and Google (Android) regularly update their operating systems, which can impact how apps work. To keep your apps running smoothly, we will automatically update them when these third-party software updates occur. We will ensure that your apps are updated promptly following such third-party changes, minimising disruption and maintaining continuity of service.

To ensure that our servers perform optimally, we conduct routine maintenance on them. This maintenance may require taking our servers offline. We allocate a maximum of two hours of unavailability per month for maintenance.

Usually, the maintenance is carried out during off-peak hours. We will notify you in advance of any scheduled maintenance when possible.

Your account is assigned storage capacity on our servers based on the plan or options you selected. If you want to increase your allowance, you can do so by agreeing on a new amount with your account manager and paying an additional fee.

Our servers will stop accepting, processing, or delivering data if you reach the purchased storage limit. This may lead to server unavailability or data loss. The company will not be responsible for any such unavailability or data loss. You will be alerted when you are nearing your storage limit.

All data created by you within our applications and on our servers are your property and are for your exclusive use unless you permit access to and use of such data.

Our backend and frontend systems are located on two separate servers: one is in a Tier 3 data centre in Paris, and the second is in a Tier 2 data centre in Paris.

All servers have redundant systems and will continue to work if one is down. They all have failover systems like RAID disks and power backups. Also, to complement that, the data is backed up and replicated from one server to the other.

All servers are protected against DDoS attacks, among other attacks. They have hardware monitoring to check on the health of the systems. All connections are made via encrypted connections, either via SSH or HTTPS.

Our Android apps all go through the process of obfuscation of all the code by using Proguard before deploying to the Play Store. Our iOS apps also have an obfuscation process when uploading to the App Store and Apple uses a bitcode process to strip and encrypt most of the code.

We consistently deliver high-quality, flawless technical products by using test-driven development and having a quality assurance process in place. We make sure that every product performs as specified.

For the avoidance of doubt, Turas Engagement Partners Ltd (trading as Flo-culture) will act as a Data Processor in respect of personal data processed on behalf of the Customer (the Data Controller). We will only process such data in accordance with the Customer’s documented instructions, ensure that any sub-processors are bound by equivalent obligations, retain personal data only for as long as is necessary to provide the Services, and promptly notify the Customer of any personal data breach in accordance with applicable data protection law.

In the case of data corruption, hardware failure, or any other form of data loss, we will try to restore lost or corrupted data from server backups. However, please note that we cannot be held responsible for lost data. As a precaution, it is highly recommended that customers maintain a local copy of all data uploaded or stored on our servers.em description

After terminating your account, we will not retain any of your data. The data will be deleted entirely from the servers when the account is terminated, as well as from any backups created during scheduled backup rotations. We will not restore or "burn" to CD or send out any data related to terminated accounts.

All the information collected via our service will be processed according to the GDPR guidelines. Any analytics data is always anonymised, containing no personal data or means to be identified.

Turas Engagement Partners Ltd (trading as Flo-culture) is registered with the Information Commissioner’s Office (ICO) as a data processor.

We warrant that these services will be performed in a professional manner in accordance with industry standards. We further warrant that Turas Engagement Partners Ltd (trading as Flo-culture) shall maintain appropriate levels of insurance, including Professional Indemnity (PI), Public Liability (PL), and Employers’ Liability (EL) and Cyber Liability insurance throughout the term of this Contract.

We make no other warranty, express or implied, with respect to the subject matter of this support and contract, including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose or any other warranty of any kind respecting any services performed hereunder or any materials furnished hereunder.

Our liability to you (other than any liability that cannot be limited or excluded by law, including, but not limited to, personal injury or death caused by our negligence or fraud) shall be capped in aggregate at the level of the Price and shall exclude any indirect or consequential loss or damage; loss of profits, sales or revenue; business interruption; loss of anticipated savings; and loss of business opportunity, goodwill or reputation.

For the avoidance of doubt, this liability cap shall not apply to liability arising from fraud or fraudulent misrepresentation, personal injury or death caused by negligence, infringement of third-party intellectual property rights, or breaches of applicable data protection law.

We shall have no liability arising from your use of our Software (or any part thereof) or resulting in particular from:

·         Your non-compliance with any instruction or recommended procedure made by us.

·         Any repair, adjustment, alteration or modification of any part of the Software not undertaken by us or the merger, incorporation or use of any part of our Software with any other software.

Under no circumstances shall we be liable to reinstate or assist in the reinstatement of (or be responsible for the cost of reinstatement of) any data lost by you.

We shall not be liable in any way whatsoever for your use of third-party software or any repair, adjustment, alteration or modification of any part of the third-party software.

Despite anything else stated in these conditions, we will not be held liable for any delays in performing our duties under the Contract if the delay is caused by circumstances outside of our control, which includes any delays caused by the Customer. Our ability to perform our duties will be put on hold for as long as these circumstances persist, and we will be given an extension of time equal to the duration of the delay to perform services as planned.

If the delay lasts more than 90 days, you may terminate the Contract by providing written notice to us. In this case, neither party will be held liable to the other for the termination, except for any rights accrued before the delay occurred.

If you breach this Contract, we will notify you in writing of your breach, and if you can remedy the breach, we will give you 30 days to remedy it. If you fail to do so, we may terminate the Contract immediately by notifying you in writing. If a breach cannot be remedied, we may terminate the Contract by giving you seven days’ notice in writing.

If you become insolvent, cease trading or threaten to cease trading and/or undergo any event that a prudent business person would commonly understand to be an event of insolvency, then we may terminate the Contract immediately by notifying you in writing.

If the Contract is terminated or comes to an end (i.e. if the period for which you have paid for the Services expires), then we will terminate your Agreement. We will remove your AR Digital Tour app(s) from the app stores and, where pertinent, remove it from the AR Tours app. AR Digital Tour app already downloaded will become inoperable. You will no longer have access to your Workspace, and we will no longer be responsible for storing your content (see Data Termination above).

If part of the Contract is found by a court to be void or unenforceable, then that part of the Contract shall be deemed to be deleted from the Contract, and the remainder of the Contract shall not be affected.

The Contract is made under English law, and any dispute arising in connection with the Contract shall be subject to the exclusive jurisdiction of the English courts.

If you have questions about these Standard Terms & Conditions, please contact us at:

katherine.pearson@flo-culture.com

Flo-culture, Church Hall, 53 Front Street, East Boldon, NE36 0SD