Sensory Guru Media Services Terms and Conditions


These terms and conditions create a contract between you and Sensory Guru (the “Agreement”). Please read the Agreement carefully. 

A. INTRODUCTION TO OUR SERVICES

This Agreement governs your use of Sensory Guru’s services (“Services”), through which you can buy, get, license, rent or subscribe to media, apps (“Apps”), and other in-app services (“Content”). Our Services are: Magic Carpet App Store, Eye-FX App Store and Magic Mirror App Store. By creating an account for use of the Services in the United Kingdom you are specifying that as your country of residence for tax purposes (“Home Country”), and our Services are available for your use in your Home Country. To use our Services, you need compatible hardware, software (latest version recommended and sometimes required) and Internet access (fees may apply). Our Services’ performance may be affected by these factors.

B. USING OUR SERVICES PAYMENTS, TAXES, AND REFUNDS

You can acquire Content on our Services for free or for a charge, either of which is referred to as a “Transaction.” By each Transaction you acquire a license to use the Content only. Each Transaction is an electronic contract between you and Sensory Guru, and/or you and the entity providing the Content on our Services. Sensory Guru will charge your payment method (such as your credit card, debit card, gift card/code, or other method available in your Home Country) for any paid Transactions, including any applicable taxes. If you pre-order Content, you will be charged at point of sale not when the Content is delivered to you as a download (unless you cancel prior to the Content’s availability). You agree to receipt of all invoices in an electronic format, which may include email. Content prices may change at any time. If technical problems prevent or unreasonably delay delivery of Content, your exclusive and sole remedy is either replacement of the Content or refund of the price paid, as determined by Sensory Guru. From time to time, Sensory Guru may refuse a refund request if we find evidence of fraud, refund abuse, or other manipulative behaviour that entitles Sensory Guru to a corresponding counterclaim. 

Right of cancellation: If you choose to cancel your order, you may do so within 14 days from when you received your receipt without giving any reason.

To cancel your order, you must inform us of your decision. To meet the cancellation deadline, you must send your communication of cancellation before the 14-day period has expired.

Effects of cancellation: We will reimburse you no later than 14 days from the day on which we receive your cancellation notice. We will use the same means of payment as you used for the transaction, and you will not incur any fees for such reimbursement.

Exception to the right of cancellation: You cannot cancel your order for the supply of Content if the delivery has started upon your request and acknowledgement that you thereby lose your cancellation right.

Model cancellation form:

To Sensory Guru Ltd, The Barn, Hodore Farm, Parrock Lane, Hartfield, East Sussex, TN7 4AR, UK
I hereby give notice that I withdraw from my contract for the following:
[INSERT ORDER ID, ITEM AND PRODUCT TYPE]
Ordered on [INSERT DATE] / received on [INSERT DATE]
Name of consumer
Address of consumer
Email address of consumer (optional)
Date

SENSORY GURU ID

Using our Services and accessing your Content requires a Sensory Guru ID. A Sensory Guru ID is the account you use across Sensory Guru’s ecosystem. Your Sensory Guru ID is valuable, and you are responsible for maintaining its confidentiality and security. Sensory Guru is not responsible for any losses arising from the unauthorised use of your Sensory Guru ID. Please contact Sensory Guru if you suspect that your Sensory Guru ID has been compromised.

PRIVACY

Your use of our Services is subject to Sensory Guru’s Privacy Policy, which is available at www.sensoryguru.com/privacy-policy

SERVICES AND CONTENT USAGE RULES

Your use of the Services and Content must follow the rules set forth in this section (“Usage Rules”). Any other use of the Services and Content is a material breach of this Agreement. Sensory Guru may monitor your use of the Services and Content to ensure that you are following these Usage Rules.

All Services:

  • You may use the Services and Content only for personal, non-commercial purposes (except as set forth in the App Store Content section below).
  • Sensory Guru’s delivery of Content does not transfer any promotional use rights to you, and does not constitute a grant or waiver of any rights of the copyright owners.
  • It is your responsibility not to lose, destroy, or damage Content once downloaded. We encourage you to back up your Content regularly.
  • You may not tamper with or circumvent any security technology included with the Services.
  • You may access our Services only using Sensory Guru’s software, and may not modify or use modified versions of such software.

App Store Content:

  • The term “App” includes apps and in-app purchases, extensions (such as keyboards), stickers, and subscriptions made available in an app.
  • You can use Apps on any Sensory Guru device that you own or control.

REDOWNLOADS

You may be able to re-download previously acquired Content (“Re-download”) to your devices that are signed in with the same Sensory Guru ID (“Associated Devices”). Content may not be available for Re-download if that Content is no longer offered on our Services.

NON-SENSORY GURU DEVICES

If you use our Services on a non-Sensory Guru-branded device, you may not be able to access all features or Content types. Terms in this Agreement relating to unavailable features or Content types are not applicable to you. If you later choose to access our Services from a Sensory Guru-branded device, you agree that all terms of this Agreement will apply to your use on such device.

C. YOUR SUBMISSIONS TO OUR SERVICES

Our Services may allow you to submit materials such as comments, pictures, videos, and apps you have created using Sensory Guru App Builder Tools (including associated metadata and artwork). Your use of such features must comply with the Submissions Guidelines below, which may be updated from time to time. If you see materials that do not comply with the Submissions Guidelines, please use the Report a Concern feature. You hereby grant Sensory Guru a worldwide, royalty-free, perpetual, nonexclusive license to use the materials you submit within the Services and related marketing. Sensory Guru may monitor and decide to remove or edit any submitted material.

Submissions Guidelines: You may not use the Services to:
  • post any materials that you do not have permission, right or license to use;
  • post objectionable, offensive, unlawful, deceptive or harmful content;
  • post personal, private or confidential information belonging to others;
  • request personal information from a minor;
  • impersonate or misrepresent your affiliation with another person, or entity;
  • post or transmit spam, including but not limited to unsolicited or unauthorized advertising, promotional materials, or informational announcements;
  • plan or engage in any illegal, fraudulent, or manipulative activity.

D. RECOMMENDATION FEATURES

The Services will recommend Content to you based on your downloads, purchases and other activities. You may opt out from receiving such recommendations in your account settings.
Some recommendation features may require your permission before they are turned on. If you turn on these features, you will be asked to give Sensory Guru permission to collect and store certain data, including but not limited to data about your device activity, location, and usage. Please carefully read the information presented when you turn on these features.

E. ADDITIONAL APP STORE TERMS LICENSE OF APP STORE CONTENT

App licenses are provided to you by Sensory Guru or a third party developer (“App Provider”). If you are a customer of Sensory Guru, the merchant of record is Sensory Guru which means that you acquire the App license from Sensory Guru, but the App is licensed by the App Provider. An App licensed by Sensory Guru is a “Sensory Guru App;” an App licensed by an App Provider is a “Third Party App.” Sensory Guru acts as an agent for App Providers in providing the App Store and is not a party to the sales contract or user agreement between you and the App Provider. Any App that you acquire is governed by the Licensed Application End User License Agreement (“Standard EULA”) set forth below, unless Sensory Guru or the App Provider provides an overriding custom license agreement (“Custom EULA”). The App Provider of any Third Party App is solely responsible for its content, warranties, and claims that you may have related to the Third Party App. You acknowledge and agree that Sensory Guru is a third-party beneficiary of the Standard EULA or Custom EULA applicable to each Third Party App and may therefore enforce such agreement.

IN-APP PURCHASES

Apps may offer content, services or functionality for use within such Apps (“In-App Purchases”). In-App Purchases that are consumed during the use of the App (for example, virtual gems) cannot be transferred among devices and can be downloaded only once. You must authenticate your account before making In-App Purchases – separate from any authentication to obtain other Content – by entering your password.

APP MAINTENANCE AND SUPPORT

Sensory Guru is responsible for providing maintenance and support for Sensory Guru Apps only, or as required under applicable law. App Providers are responsible for providing maintenance and support for Third Party Apps.

LICENSED APPLICATION END USER LICENSE AGREEMENT

Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Sensory Guru App under this Standard EULA or Custom EULA is granted by Sensory Guru, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Sensory Guru as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.

a. Scope of License: Licensor grants to you a non-transferable license to use the Licensed Application on any Sensory Guru-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Sensory Guru Device to a third party, you must remove the Licensed Application from the Sensory Guru Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).

b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.

d. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.

e. NO WARRANTY: Licensor will use reasonable care and skill with respect to the provision of the Licensed Application and any External Services performed or provided by the Licensed Application to you. Licensor does not make any other promises or warranties about the External Services and in particular does not warrant that:
(i) your used of the External Services will be uninterrupted or error-free;
(ii) the External Services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and Licensor disclaims any liability relating thereto. You shall be responsible for backing up your own system, including any Licensed Application that is stored on your system.

f. Limitation of Liability.
(i) Except as set out in section (ii) hereunder, in no case shall Licensor, its directors, officers, employees, affiliates, agents, contractors, principals or licensors be liable for any loss or damage caused by Licensor, its employees or agents where:
(1) there is no breach of a legal duty of care owed to you by Licensor or by any of its employees or agents;
(2) it is not a reasonably foreseeable result of any such breach;
(3) any increase in loss or damage results from breach by you of any term of this End User Licence Agreement ("Agreement");
(4) it results from a decision by Licensor to warn you, to suspend or terminate your access to the External Services, or to take any other action during the investigation of a suspected violation or as a result of Licensor’s conclusion that a violation of this Agreement has occurred;
(5) it relates to loss of income, business or profits, or any loss or corruption of data in connection with your use of the Licensed Application.
(ii) Nothing in this Agreement removes or limits Licensor’s liability for fraud, gross negligence, wilful misconduct, or for death or personal injury caused by its negligence.
g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any UK-embargoed countries or (b) to anyone on the UK Treasury Department's Specially Designated Nationals List or the UK Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

h. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Sensory Guru shall be governed by the laws of the United Kingdom, excluding its conflicts of law provisions. You and Sensory Guru agree to submit to the personal and exclusive jurisdiction of the courts located within England and Wales, to resolve any dispute or claim arising from this Agreement. If (a) you are not a UK citizen; (b) you do not reside in the UK.; (c) you are not accessing the Service from the UK.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If you are a resident of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

CONTRACT CHANGES

Sensory Guru reserves the right at any time to modify this Agreement and to add new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be communicated to you and if accepted, will be effective immediately and will be incorporated into this Agreement. In the event you refuse to accept such changes, Sensory Guru will have the right to terminate the Agreement.

THIRD-PARTY MATERIALS

Sensory Guru is not responsible or liable for third party materials included within or linked from the Content or the Services.

INTELLECTUAL PROPERTY

You agree that the Services, including but not limited to Content, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Services, contain proprietary information and material that is owned by Sensory Guru and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Services for personal, non-commercial uses in compliance with this Agreement. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted by this Agreement. You agree not to modify, rent, loan, sell, or distribute the Services or Content in any manner, and you shall not exploit the Services in any manner not expressly authorised.
The Sensory Guru name, the Sensory Guru logo, Magic Carpet, Magic Mirror and other Sensory Guru trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of Sensory Guru in the UK. and other countries throughout the world. You are granted no right or license with respect to any of the aforesaid trademarks.

COPYRIGHT NOTICE

If you believe that any Content available through the Services infringe a copyright claimed by you, please contact Sensory Guru at the following location:

- Website: http://www.sensoryguru.com/contact

TERMINATION AND SUSPENSION OF SERVICES

If you fail, or Sensory Guru suspects that you have failed, to comply with any of the provisions of this Agreement, Sensory Guru may, without notice to you: (i) terminate this Agreement and/or your Sensory Guru ID, and you will remain liable for all amounts due under your Sensory Guru ID up to and including the date of termination; and/or (ii) terminate your license to the software; and/or (iii) preclude your access to the Services.
Sensory Guru further reserves the right to modify, suspend, or discontinue the Services (or any part or Content thereof) at any time with or without notice to you, and Sensory Guru will not be liable to you or to any third party should it exercise such rights. To the extent possible, Sensory Guru will warn you in advance of any modification, suspension or discontinuance of the Service. Termination of the Service will not affect the Content that you have already acquired. However, you may be unable to authorise additional computers to use the Content.

DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS

a. Sensory Guru will provide the Services with reasonable care and skill. Sensory Guru does not make any other promises or warranties about the Services and in particular does not warrant that:
(i) your use of the Service will be uninterrupted or error-free. You agree that from time to time Sensory Guru may remove the Service for indefinite periods of time, or cancel the Services at any time for technical or operational reasons and will, to the extent practicable, notify you of this;
(ii) the Services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion which shall be events of Force Majeure, and Sensory Guru disclaims any liability relating thereto. You shall be responsible for backing up your own system, including any Content purchased, acquired or rented from the Service.
b. Except as set out in (d) below, or in the event that you are exercising any applicable statutory right to refund or compensation, in no case shall Sensory Guru, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any loss or damage caused by Sensory Guru, its employees or agents where:
(i) there is no breach of a legal duty of care owed to you by Sensory Guru or by any of our employees or agents;
(ii) it is not a reasonably foreseeable result of any such breach;
(iii) any increase in loss or damage results from breach by you of any term of this Agreement;
(iv) it results from a decision by Sensory Guru to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the Service, or to take any other action during the investigation of a suspected violation or as a result of Sensory Guru’s conclusion that a violation of this Agreement has occurred; or
(v) it relates to loss of income, business or profits, or any loss of data or corruption of data in connection with your use of the Services.
c. Sensory Guru shall use reasonable efforts to protect information submitted by you in connection with the Services including from fraudulent use.
d. Nothing in this Agreement removes or limits Sensory Guru’s liability for fraud, gross negligence, wilful misconduct, or for death or personal injury.
e. If you breach this Agreement, you will be liable to Sensory Guru, its directors, officers, employees, affiliates, agents, contractors, and licensors for any claim arising out of your breach. You will also be liable for any action taken by Sensory Guru as part of its investigation of a suspected violation of this Agreement, or as a result of its findings or decision that a violation of this Agreement has occurred.

STATUTORY EXCEPTIONS FOR PUBLIC INSTITUTIONS

If you are a qualified public educational or government institution and any part of this Agreement, such as, by way of example, all or part of the indemnification section, is invalid or unenforceable against you because of applicable local, national, state or federal law, then that portion shall be deemed invalid or unenforceable, as the case may be, and instead construed in a manner most consistent with applicable governing law.

GOVERNING LAW

Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Sensory Guru, and all Transactions on the Services shall be governed by the laws of the United Kingdom, excluding its conflicts of law provisions. You and Sensory Guru agree to submit to the personal and exclusive jurisdiction of the courts located within the United Kingdom, to resolve any dispute or claim arising from this Agreement. If (a) you are not a UK citizen; (b) you do not reside in the UK.; (c) you are not accessing the Service from the UK.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If you are a resident of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

OTHER PROVISIONS

This Agreement constitutes the entire agreement between you and Sensory Guru and governs your use of the Services, superseding any prior agreements with respect to the same subject matter between you and Sensory Guru. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, third-party software, or additional services such as the Volume Purchase Program. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Sensory Guru's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Sensory Guru will not be responsible for failures to fulfil any obligations due to causes beyond its control.

You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Services. Your use of the Services may also be subject to other laws. Risk of loss for all electronically delivered Transactions pass to the acquirer upon electronic transmission to the recipient. No Sensory Guru employee or agent has the authority to vary this Agreement.
Sensory Guru may notify you with respect to the Services by sending an email message to your email address or a letter via postal mail to your mailing address, or by a posting on the Services. Notices shall become effective immediately. Sensory Guru may also contact you by email or push notification to send you additional information about the Services.
Alternative Dispute Resolution. The EU is operating a voluntary Online Dispute Resolution platform accessible via the following link: http://ec.europa.eu/consumers/odr
In case you experience a problem contact Sensory Guru Support http://www.sensoryguru.com/support
You hereby grant Sensory Guru the right to take steps Sensory Guru believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Sensory Guru has the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials, and/or a third party, as Sensory Guru believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Sensory Guru's right to cooperate with any legal process relating to your use of the Services and/or Content, and/or a third-party claim that your use of the Services and/or Content is unlawful and/or infringes such third party's rights).
Children under the age of majority should review this Agreement with their parent or guardian to ensure that the child and parent or legal guardian understand it. Last Updated: July 2017.