TritonMeasureThis End-User Licence Agreement (“EULA”) is between you and TritonApps (“Licensor”, “we”, “us”), an indie studio based in the Republic of Ireland and the publisher of the TritonMeasure mobile application (the “Application”). TritonMeasure is an augmented-reality measuring app for iOS and Android that estimates real-world distances, areas, and room dimensions using your device’s camera and depth sensors. This EULA governs your use of the Application and any updates we make available. It supplements our Terms of Use; in case of conflict on a licensing matter, this EULA prevails.
1. Acknowledgement
You and we acknowledge that this EULA is concluded between you and TritonApps only, and not with Apple Inc. or Google LLC. TritonApps, not Apple or Google, is solely responsible for the Application and its content. The terms of this EULA may not give you any rights with respect to Apple or Google services. Apple and Google are not parties to this EULA, with the exception that Apple, Google, and their respective subsidiaries are third-party beneficiaries as set out in section 12.
2. Scope of licence
We grant you a limited, non-exclusive, non-transferable, revocable licence to install and use the Application on any Apple-branded or Android device that you own or control and as permitted by the Usage Rules set out in the App Store Terms of Service (where the Application is downloaded from the Apple App Store) or the Google Play Terms of Service (where downloaded from Google Play). This licence is tied to your Apple Account or Google Account and extends to devices you own or control, including any devices associated with your account under applicable family-sharing arrangements. The licence is for personal, non-commercial use. You may not rent, lease, lend, sell, redistribute, sublicense, copy (except as expressly permitted), reverse-engineer, decompile, disassemble, or attempt to derive the source code of the Application, or create derivative works of it, except to the extent such restriction is prohibited by applicable law.
3. Subscriptions
The Application offers optional in-app auto-renewing subscriptions (“TritonMeasure Premium”, available on Monthly and Annual plans) sold through the Apple App Store and Google Play. Payment is charged to your Apple Account or Google Account at confirmation of purchase. A subscription automatically renews for the same period at the then-current price unless auto-renewal is turned off at least 24 hours before the end of the current period. You can manage and cancel subscriptions in your Apple Account or Google Account settings after purchase. All purchases are processed by Apple or Google; we do not receive or store your payment card details. Refunds, where available, are handled in accordance with the policies of the App Store or Google Play.
4. Accuracy & intended use
The measurements produced by the Application are estimates only. They are generated from camera imagery and depth-sensor data and are affected by lighting, surface texture, device hardware, motion, and other conditions. Results may contain meaningful errors and should always be verified with a physical measuring instrument before you rely on them. The Application is intended for general, informational, and convenience purposes only. It is not designed or certified for safety-critical, structural, engineering, medical, navigational, legal, or other professional purposes, and you must not use it where an inaccurate measurement could result in injury, property damage, financial loss, or legal liability. You are solely responsible for how you use the measurements the Application provides.
5. Maintenance & support
TritonApps is solely responsible for providing any maintenance and support services for the Application, as required under applicable law. Apple and Google have no obligation whatsoever to furnish any maintenance or support services with respect to the Application. If you need help, please contact us at support@tritonapps.com.
6. Consent to use of data
You agree that we may collect and use the technical data and related information described in our Privacy Policy. We use this information solely to provide, maintain, and improve the Application and the Service. Camera and depth-sensor data is processed on your device to produce measurements; we do not collect your camera imagery except where you expressly choose to save or share a result.
7. Termination
This EULA is effective until terminated. Your rights under it terminate automatically and without notice if you fail to comply with any of its terms. On termination you must stop using the Application and delete all copies from your devices. Termination does not entitle you to a refund of any subscription fees except as required by applicable law or the policies of the App Store or Google Play.
8. External services
The Application may enable access to third-party services and websites (“External Services”), including the Apple App Store and Google Play (for purchases) and the third-party platforms we use as sub-processors. You agree to use the External Services at your sole risk. We are not responsible for the content of External Services, their availability, or any third-party data practices, except as set out in our Privacy Policy.
9. Warranty
You expressly acknowledge and agree that, to the maximum extent permitted by applicable law, use of the Application is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. The Application and any services performed or provided by it are provided “as is” and “as available”, with all faults and without warranty of any kind, and we disclaim all warranties with respect to the Application, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third-party rights.
In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any) of the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application. As between TritonApps and Apple (or Google), TritonApps, and not Apple or Google, is responsible for addressing any warranty claims, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the Application to conform to any warranty.
10. Product claims & intellectual property
TritonApps, and not Apple or Google, is responsible for addressing any claims you or any third party may have relating to the Application or your possession and/or use of it, including, but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation. In the event of any third-party claim that the Application or your possession and use of it infringes that third party’s intellectual property rights, TritonApps, and not Apple or Google, will be solely responsible for the investigation, defence, settlement, and discharge of any such claim, to the extent required by this EULA.
11. Limitation of liability
To the extent not prohibited by applicable law, in no event shall TritonApps be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use of or inability to use the Application, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if we have been advised of the possibility of such damages. In no event shall our total liability to you for all damages exceed the greater of (a) EUR 50 or (b) the amount actually paid by you for the Application or in subscription fees in the 12 months before the claim. This limitation does not apply where prohibited by applicable consumer law.
12. Apple and Google as third-party beneficiaries
You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof. The same applies to Google LLC and its subsidiaries where the Application is obtained through Google Play.
13. Export compliance
You may not use or otherwise export or re-export the Application except as authorised by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, the Application may not be exported or re-exported (a) into any United States embargoed countries or (b) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Department of Commerce’s Denied Person’s List or Entity List. By using the Application you represent and warrant that you are not located in any such country or on any such list.
14. Commercial items / United States Government rights
The Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with these provisions, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to United States Government end users only as Commercial Items and with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
15. Governing law
This EULA is governed by the laws of the Republic of Ireland, excluding its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. This choice of law does not deprive you of the protection of mandatory provisions of the law of your country of residence.
16. Contact
TritonApps · Republic of Ireland · support@tritonapps.com