After delighting millions of people with new ways to accurately capture, share and re-experience life in 3D and VR, we are working on an exciting new project.
Our computer vision technology is no longer available for licensing and the Seene iOS and Android apps have been taken offline.
We’d like to say a big thank you to all of our wonderful Seene users, who proved to the world that anyone can create beautiful 3D content instantly on their smartphone. We are looking forward to what’s coming next!
Seene – Terms of Service
This document sets out the terms and conditions (“Terms”) on which Obvious Engineering Limited, company registration no. 07979343 and having its registered address at 30a Vyner Street, London E2 9DQ, UK (“we”, “us” or “our”) provide you (“you”, “your” or “user”) with the mobile version of “Seene” (“the app”) and/or access to http://seene.co (“website”). Please read these terms carefully before using the app or accessing the website. You acknowledge and agree that by accessing the website and/or downloading and installing the app, you agree to be bound by these terms. If you do not accept these terms, you will not be able to use the app and you are not permitted to access the website.
“Account” means the information held by Us about You, such information having been submitted by You;
“Device Requirements” means the minimum specifications required for Your device to install and Use all features of the App and/or the Website, as specified by Us from time to time;
“Login Details” means usernames and passwords created by You during creation of Your Account and granting you access to the App and/or the Website;
“Services” means the App and/or the Website, and use of the Services means use of the App, the Website or both;
“Use” means use of the Services for Your own personal and non commercial use. For the avoidance of doubt, all rights to modify, amend, enhance, sell, licence, rent and provide services to third parties, are hereby expressly excluded to the fullest extent possible.
2. Information about Obvious Engineering and the App
2.1 The App and the Website are owned and managed by Obvious Engineering Limited. All information supplied on the App and the Website is managed by Obvious Engineering Limited.
2.2 The App is a mobile application permitting Users to take 3D photographs, together with such other features and functionality as provided by Obvious Engineering from time to time. Certain features may be dependent on third party hardware and/or technology in order to function.
2.3 We reserve the right to make any changes to the App and/or the Website, including any functionality, or to discontinue any aspect of the same without notice to You.
2.4 We rely on third party providers (such as network providers, data centres and telecommunication providers) to make the Services available to You. Whilst We take all reasonable steps available to provide You with a good level of service, You acknowledge and agree that We do not warrant that Your use of the Services shall be uninterrupted or fault-free at all times.
3. Downloading the App
3.1 By downloading the App and creating an Account, You warrant that:
3.1.1 You are legally capable of entering into binding contracts;
3.1.2 You are 18 years old or above; and
3.1.3 You are not in any way prohibited by the applicable law in the jurisdiction which you are currently located to enter into these Terms for the use of the Services.
3.2 In order to use all features of the App and the Website, You will need to create an Account with Us by completing and submitting to Us a registration form. By creating an Account, You consent to Us conducting verification and security procedures in respect of the information provided by You. If You don”t create an Account Us, you acknowledge that You will only be able to access certain functions of the App.
3.3 You hereby warrant that the information provided by You to Us is true, accurate and correct. You further warrant that You shall promptly notify Us in the event of any changes to such information provided.
3.4 You shall keep Your Login Details confidential and secure. Without prejudice to Our rights and remedies, We reserve the right to promptly disable Your Login Details and suspend your access to the Services in the event We have any reason to believe that You have breached any of the provisions set out herein.
3.5 From time to time updates to the App may be issued through the applicable “app store”. Depending on the update, you may not be able to use the App until you have downloaded or streamed the latest version of the App and accepted any new terms.
4. Rights and Restrictions
4.1 Subject to the Terms, We hereby grant to You a non-exclusive, non-transferable and non sub-licensable licence to:
4.1.1 access the Website; and
4.1.2 download, install and Use the App on Your mobile device.
This licence is in respect of Your Use of the Services only.
4.2 Except as expressly permitted in these Terms, You shall not, and shall not permit others to (i) modify, translate, create derivative copies of or copy the App or the Website, in whole or in part; (ii) reverse engineer, decompile, disassemble or otherwise reduce the object code of the App or the Website to source code form; (iii) distribute, sub-licence, assign, share, timeshare, sell, rent, lease, grant a security interest in, use for service bureau purposes, or otherwise transfer the App or the Website or Your right to Use the App or the Website; (iv) remove or modify any copyright, trademark, or other proprietary notices belonging to Us or our licensors contained within the App or the Website; or (v) use the App or the Website in any manner not expressly authorised by these Terms.
4.3 We reserve the right to make changes to the Services or part thereof from time to time including without limitation, the removal, modification and/or variation of any aspect, elements, features and functionalities of the Services without notice to You.
4.4 Without prejudice to Our other rights and remedies, We reserve the right to temporarily or permanently suspend or disable Your access to the Services at any time without notice to You.
4.5 In the event that We, in Our sole discretion, consider that You are making any illegal and/or unauthorised use of the Services, and/or your Use of the Services is in breach of these Terms, We reserve the right to take any action that We deem necessary, including terminating without notice Your Use of the Services and, in the case of illegal use, instigating legal proceedings.
5. Use of Apps
5.1 Where You access the App, You acknowledge and agree that:
5.1.1 We are in no way linked, connected or affiliated with Apple, Google, Microsoft or such other mobile “apps” provider;
5.1.2 access to and use of the App may be limited by Your network carrier and may be limited if You are attempting to access the App from outside the United Kingdom;
5.1.3 You acknowledge You may not be able to access and use certain functionalities of the App unless You have internet access through a GPRS, 3G, 4G or Wi-Fi connected mobile device. All traffic charges or access charges incurred due to the use of the App are subject to Your agreed terms with Your mobile network provider.
5.1.4 neither Your airtime provider nor any App kiosk or kiosk operator shall bear any responsibility or liability whatsoever in relation to sale, distribution, functionality, accessibility, performance or non-performance of the App;
5.1.5 Your airtime provider and any App kiosk or kiosk operator (including but not limited to “Google Play App Store”, “Apple App Store”, “Amazon Appstore” and “Windows Phone Marketplace”) are third party beneficiaries in respect of this clause 5.1 and accordingly have the right to enforce the provisions of this clause 5.1;
5.1.6 We are solely responsible for providing any support and maintenance in respect of the App; and
5.1.7 You will comply with any applicable third party terms and conditions in Your use of the App.
5.2 Further, where You access the App via an app obtained from the Apple “App Store”, You acknowledge and agree that:
5.2.1 You are not located in a country that is subject to a US Government embargo or that has been designated by the US Government as a “terrorist supporting” country;
5.2.2 You are not listed on any US Government list of prohibited or restricted parties;
5.2.3 these Terms are concluded between You and Us and accordingly Apple is not a party to these Terms;
5.2.4 Apple has no obligation to provide any maintenance and support services in respect of the App;
5.2.5 if the App fails to conform to any warranty herein, You may notify Apple following which Apple will refund You the purchase price paid for the App (if any). Apple will have no further liability whatsoever in respect of any such failure;
5.2.6 Apple has no responsibility to address any claims by You or any third party whatsoever with respect to the App;
5.2.7 Apple shall not be responsible for any claims made by any third party that the App infringes any third party intellectual property rights; and
5.2.8 “App Store” and “Apple” are trade marks of Apple Inc.
6. Your Obligations
6.1 You shall not submit to appear on the App or the Website any information, comments, images, photos, third party URL links or other material whatsoever in any format (“User Submissions”) that, in Our reasonable opinion, may be deemed to be offensive, illegal, inappropriate or that in any way:
6.1.1 promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
6.1.2 harass or advocate harassment of another person;
6.1.3 display pornographic or sexually explicit material;
6.1.4 promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
6.1.5 promote any illegal activities;
6.1.6 provide instructional information about illegal activities, including violating someone else's privacy or providing or creating computer viruses;
6.1.7 promote or contain information that you know or believe to be inaccurate, false or misleading;
6.1.8 engage in or promote commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without Our prior written consent;
6.1.9 infringe any rights of any third party.
6.2 You agree that We may, at Our sole discretion, choose to display or to remove any User Submission or any part of the same that you make using the App or the Website, and you hereby grant to Us a non-exclusive, perpetual, irrevocable, worldwide licence to do so.
6.3 Nothing in these terms will transfer ownership of Your User Submissions to Us. You hereby grant to Us a perpetual, non-exclusive, sub-licensable and irrevocable licence to use, copy, modify, reproduce, process, adapt, enhance, publish, distribute or otherwise utilise or commercially exploit Your User Submissions, including sub-licensing User Submissions to other individuals, companies or organisations for broadcast, distribution and/or publication and making the User Submission available to other Users of the Services.
6.4 You shall, at all times:
6.4.1 comply with all applicable laws, regulations, directives and legislations in Your Use of the Services;
6.4.2 comply with any guidelines provided or reasonable instructions issued by Us from time to time in respect of Your Use of the Services, including any fair use or storage restrictions imposed by Us from time to time;
6.4.3 not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the Services;
6.4.4 not use the Services to commit any criminal act;
6.4.5 not use the Services and/or not do anything that shall or be reasonably deemed to infringe any Intellectual Property Rights or other rights of any third parties;
6.4.6 use the Services at Your own risk and be solely responsible for any illegal conduct, infringement of any third party Intellectual Property Rights and/or any breaches thereof or in any applicable laws and legislations;
6.4.7 notify Us immediately of any circumstances where any Intellectual Property Rights or any other rights of any third party may have been infringed; and
6.4.8 ensure Your device:
184.108.40.206 complies with the Device Requirements; and
220.127.116.11 contains adequate anti-virus protection,
7. Term and Termination
7.1 These Terms will remain in full force and effect while You Use the Services.
7.2 We may, at any time and for any reason, terminate these Terms with You and deny you access to the App and/or the Website, including but not limited to your breach of any of your obligations under clause 6 above.
7.3 In the event of termination of these Terms for any reason, You must not attempt to Use the Services and the rights and licences granted to You under this Agreement shall terminate.
7.4 Sections 6.3 and 7 to 10 inclusive shall survive termination of these Terms for any reason, and shall be valid and enforceable against You.
8. Intellectual Property
8.1 We own or have a licence to use all right, title and interest in and to the App and the Website. These Terms shall not be construed to convey title to or ownership of the App or the Website to You or any other User. All rights in and to the App and the Website are reserved by Us.
8.2 You are granted a non-transferable, non-exclusive, royalty-free, revocable licence to view the User Submissions for Your own personal and non commercial use.
8.3 You are expressly prohibited from removing, modifying, altering or using any registered or unregistered marks/logos owned by Us, and doing anything which may be seen to take unfair advantage of Our reputation and goodwill or could be considered an infringement of any of the intellectual property rights owned and/or licensed to Us, without first obtaining Our written permission.
8.4 You may provide feedback or suggestions in respect of Your use of the Services and that We are free to use such feedback and/or suggestions as We deem appropriate and without further obligation to You.
9. Warranties and Liabilities
9.1 Subject to clauses 9.2 and 9.3, if We fail to comply with these Terms, We shall be entitled to be given a reasonable opportunity to rectify any errors and to re-perform Our obligations hereunder. If Our failure to comply with Our obligations is not remedied as in this clause 9.1, then We shall only be liable for losses (whether arising on contract, tort (including negligence) or otherwise) which are a reasonably foreseeable consequence of such failure, up to a maximum of one hundred pounds sterling (£100.00).
9.2 We shall not be responsible for any:
9.2.1 losses, damages, costs and expenses which were not reasonably foreseeable and incurred by You and could not have been reasonably foreseeable by You or Us on entering these Terms; or
9.2.2 loss of profits, contracts or business, loss of an anticipated outcome or anticipated savings.
9.3 We accept and do not limit Our liability to You for the following categories:
9.3.1 death or personal injury;
9.3.2 negligent misrepresentation, fraud or fraudulent misrepresentation;
9.3.3 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.
9.4 You acknowledge and agree that where the App and/or the Website includes views, opinions, advice or recommendations from other Users, such views, opinions, advice and recommendations are not endorsed by Us and to the maximum extent permitted by law, We exclude all liability for the accuracy, defamatory nature, completeness, timeliness, suitability or otherwise of such views, opinions, advice or recommendations.
9.5 Links to third party websites and companies may appear on the App and/or the Website. We accept no responsibility for the availability, suitability, reliability or content of such third party websites and do not necessarily endorse the views expressed within them.
10.1 You may keep a copy of these Terms, which form the entire agreement between You and Us and supersede any other communications or advertising with respect to the Services.
10.2 We may alter or amend these Terms at any time, with immediate effect. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services. By continuing to use the Services after such alteration, You will be deemed to have accepted any amendment to these Terms.
10.3 These Terms and their performance shall be governed by and construed in accordance with the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the courts of England and Wales. If you live outside the UK, English law shall apply only to the extent that it does not deprive you of any legal protection accorded under the law of the place where you are habitually resident. If English law deprives you of any legal protection which is accorded to you under your local law, these terms will be governed by your local law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.
10.4 You shall comply with all foreign and local laws and regulations which apply to Your Use of the Services in whatever country You are physically located, including without limitation, consumer law, export control laws and regulations.
10.5 If any provision of these Terms is declared void, illegal, or unenforceable, the remainder of these Terms will be valid and enforceable to the extent permitted by applicable law. In such event, the parties agree to use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision.
10.6 Any failure by any party to these Terms to enforce at any time any term or condition under these Terms will not be considered a waiver of that party's right thereafter to enforce each and every term and condition of these Terms.
10.7 Neither party will be responsible for delays resulting from circumstances beyond the reasonable control of such party, provided that the nonperforming party uses reasonable efforts to avoid or remove such causes of non-performance and continues performance hereunder with reasonable dispatch whenever such causes are removed.
10.8 Nothing in these Terms shall give, directly or indirectly, any third party any enforceable benefit or any right of action against Us and such third parties shall not be entitled to enforce any term of these Terms against Us.
10.9 All notification and communication to us should be sent to the contact details made available to You through the Services.
10.10 If You feel that any materials appearing on the App and/or the Website are offensive, objectionable or potentially defamatory please contact Us by e-mailing us at email@example.com providing full details of the nature of Your complaint and the materials to which the complaint relates.