App end-user license agreement
PLEASE READ THESE LICENCE TERMS CAREFULLY
By accessing or using this application ("App"), you agree to be bound by these Terms and Conditions, our Privacy Policy, and all other terms and policies that appear or are referred to on our App. If you do not agree to these terms, you are not permitted to use the App. Continued use of the App constitutes your acceptance of these terms and any changes made to them.
Who we are and what this agreement does:
We Asgard.World (“we”) of 8 Greenlink Walk, Richmond, UK, TW9 4AF license you (“User” “you”) to use:
· Asgard.World mobile application software and any updates or supplements to it.
· The related online documentation (“the Documentation”).
· The service you connect to via the App and the content we provide to you through it (“the Service”).
as permitted in these terms.
Your privacy
Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in [https://asgard.world/privacy-policy] and it is important that you read that information.
Additional terms for specific Services
In addition the Services set out below will be governed by the following terms of use and privacy policies:
Asgard.world’s Privacy Policy [https://asgard.world/privacy-policy]
Asgard.world’s Website Terms and Conditions for https://www.asgard.world (“the Website”). [https://asgard.world/terms-and-conditions]
Asgard.world’s Acceptable Use Policy [https://asgard.world/acceptable-use-policy]
Accessibility
Asgard.world is committed to ensuring the App and our website is accessible, as far as practically possible, to all persons regardless of their ability. We are considering how best we can achieve this and will provide updates in the future to confirm our position.
When you download the App the App store terms will also apply
The ways in which you can use the App and Documentation may also be controlled by Apple, Google's (or any other app store used) rules and policies. These rules and policies will apply instead of these terms where there are differences between the two.
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 https://www.asgard.world.
Contacting us (including with complaints). If you think the App or the Service are faulty or misdescribed or wish to contact us for any other reason please do so by visiting https://www.asgard.world.
How we will communicate with you.
If we have to contact you, we will do so by email, in-app notification or SMS, 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 your phone and view, use and display the App and the Service on such devices.
· 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.
You must be 18 to accept these terms and buy the App
Users must be 18 or over to accept these terms and download the App.
You may not transfer the App to someone else
We are giving you personally the right to use the App and the Service as set out above. Whilst you may have sharing rights, you may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
Exchange of Cash for Aureus Tokens (“Tokens”)
Use - Tokens can only be used inside the App, not outside in the real world. You cannot use Tokens to buy goods and services advertised by sellers in Asgard.world and the Tokens are simply a way of paying for advertising your business on the App.
Token Purchase: Users may purchase Tokens by exchanging legal tender (cash) through the Aureus payment methods provided within the App and/or the Website. By purchasing Tokens, Users agree to the terms and conditions set forth herein and those terms specifically relating to Aureus.
Additional ways to obtain Aureus tokens:
· We may forward tokens to your wallet as a ‘freebie’ or an ‘airdrop’. This will be a random distribution, done via the AI embedded in our App.
· Aureus drops - Scattered as token coins on the map where you can search for free Aureus lying around you. These will be randomly displayed and will be displayed and available at Asgard.world’s absolute discretion.
· There could be additional ways to ‘earn Aureus’ for example –
- By sharing Tokens with other users
- By inviting friends to the platform
- By performing some activity which Asgard.world may announce (but always at our absolute discretion) – eg walk 10000 steps for 100 Tokens, or watch an advertisement and get paid in Tokens or other ways that we may announce in the future at our absolute discretion.
Pricing and Fees: The price of Tokens and any applicable fees will be clearly displayed at the point of purchase on the App. You will be responsible for the cost of such exchange as well as any applicable value-added tax (VAT) or other similar taxes as required by UK law.
Usage of Tokens: Tokens are a digital representation of value that can be used within the App for specified purposes as outlined in the App. Tokens do not have any inherent value outside the App and cannot be exchanged for cash or other forms of currency, except as expressly permitted by the App.
Non-Refundable and Non-Transferable:
Except as required by law, purchases of Tokens are final and non-refundable so users should only buy as much as they need to access the services they require. Tokens are non-transferable and cannot be sold to any other person or entity.
Should we consider we will be unable to fulfil a service that has been requested, eg where we cannot show a token to an agreed number of customers, we may offer a refund.
Your Aureus Wallet
The Aureus you obtain, collect or buy will be held in your own ‘Wallet’ in the App. The icon for the Wallet will be displayed on the menu bar at the bottom of your Home screen. The Wallet will show your balance and your balance will also be displayed at the top of your Home screen.
Prevent Fraud
Tokens can only be bought on the Asgard.World App or Website. You cannot buy Aureus Tokens from anyone outside the App. If you are approached by anyone selling Aureus Tokens outside the App, it is likely a fraud and you should report via the Website or the App as soon as possible. Any financial loss you may suffer as a result of obtaining Aureus Tokens outside of the prescribed conditions contained in these terms are your responsibility and Asgard.world will not be liable for any losses.
Gifting Aureus
You can transfer Tokens to any other user as a gift by clicking the “Gift” icon in the Wallet and following the instructions.
Sponsored Airdrop – Sellers on the platform can ‘Airdrop’ Aureus Tokens. Sellers can choose to do so when they create or edit Tokens. When a Token has been Airdropped, it is treated differently – it glows golden and will be highlighted as an Airdrop on the App.
Compliance with UK Laws: The exchange of cash for Tokens and the use of Tokens within the mobile application which have been provided by Aureus are subject to compliance with all applicable UK laws and regulations, including but not limited to:
· Aureus terms and conditions
· The Consumer Rights Act 2015
Regulation
Aureus is not a financial instrument, so it is not regulated by financial authorities (eg UK FSA). It is simply an in-App currency for use within Asgard.world to allow users to advertise goods and services. Aureus is an in-App medium of exchange for this service only.
Anti-Money Laundering (AML) and Counter-Terrorism Financing (CTF): Asgard.world complies with the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017. Users may be required to provide additional information or undergo identity verification procedures as part of the AML and CTF compliance measures.
User Responsibilities: Users are responsible for ensuring that they comply with all applicable laws and the Asgard.world terms and conditions when purchasing and using Tokens. We reserve the right to suspend or terminate any User's access to the App if it is discovered that the User has violated any applicable laws or regulations.
Compliance with Aureus Third Party Terms
It is your responsibility to read, understand, and comply with any third-party terms. Asgard.World is not responsible for any issues arising from your failure to comply with any third-party terms and conditions including Aureus.
Payment Authorization
By initiating a transaction through the Asgard.World mobile application, you authorise Aureus exchange to charge the specified payment method for the associated number of Tokens, including any applicable fees. You are solely responsible for ensuring that your payment information is accurate and up to date.
User Responsibility
You are responsible for ensuring that you have sufficient funds or credit available to complete any transaction initiated through the Asgard.World App. Asgard.World is not liable for any failed transactions due to insufficient funds, incorrect payment information, or other user errors.
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.
We may provide with such notification in an App notification or such other media eg SMS or email should you have provided us with those details.
If you do not accept the notified changes, you may no longer use the App.
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.
The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you downloaded it.
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 are not responsible for other websites you link to
The App or the 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:
· except in the course of permitted sharing not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us or rights granted under these terms and conditions;
· 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, including by the submission of any material (to the extent that such use is not licensed by these terms);
· 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.
· Please see our Acceptable Use Policy which supplement and are in addition to the terms contained in this clause [https://asgard.world/acceptable-use-policy]
Intellectual property rights
All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us 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.
Responsibilities
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.
In the very unlikely event that defective digital content that we have supplied damages a device or digital content belonging to you, and you have evidence to support this assertion, we will repair the damage. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. 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.
Third-Party Transactions
All transactions conducted through the App involving third-party vendors are solely between the customer and the third-party vendor. Asgard.World acts solely as an intermediary platform to facilitate such transactions and does not assume any responsibility for the products or services provided by third-party vendors.
No Warranty or Guarantee
Asgard.world makes no warranties or representations, either express or implied, regarding the quality, safety, legality, or suitability of any products or services purchased from third-party vendors. Any issues or disputes arising from such transactions must be resolved directly between the customer and the third-party vendor.
Limitation of Liability
To the fullest extent permitted by law, Asgard.World, its affiliates, officers, directors, employees, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from:
· The use or the inability to use the Asgard.World App, the Website or the Service.
· Any products or services purchased or obtained through third-party vendors via the Asgard.World App.
· Unauthorized access to or alteration of your transmissions or data.
· Any other matter relating to the App, the Website or the services provided.
Indemnification
By using the Asgard.World App, you agree to indemnify, defend, and hold harmless Asgard.World Ltd, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable legal fees) that we may incur as a result of or arising from:
· Your use of the Asgard.World mobile application.
· Your violation of these terms.
· Your violation of any rights of another.
· All claims by third parties
Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
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.
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 agreement, 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 agreement, 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 agreement 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.
Alternative dispute resolution
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to Centre for Effective Dispute Resolution (CEDR) via their website at www.cedr.com.
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