Terms & Conditions
GENERAL TERMS AND CONDITIONS FOR THE USE OF NAOMI SOFTWARE
The company Aniotech s.r.o., Identification Number 09982531 , with headquarters at Korunní 2569/108, Vinohrady (Praha 10), 101 00 Praha, Czech Republic.
(hereinafter referred to as the Provider) is an authorized provider of the animation tool Naomi. The following terms and conditions apply to users of this service.
USING THE NAOMI iOS app
Naomi is a 3D animation application for iPads. You may use the Application for free with limited features (free version) or subscribe to one of our paid versions to unlock all features of the Application.
USER AND PROVIDER RIGHTS AND OBLIGATIONS
- The User bears sole responsibility for the content and form of the object intended for animation. The User acknowledges that the licensing rights for the Naomi app belong exclusively to the Provider.
- The Provider authorizes the User to download and use the Naomi app for its intended purpose only – extending the functionality of the animation application. By downloading the Naomi app, the Provider provides the User with only a limited, non-exclusive, revocable and non-transferable license to use the Naomi app for the designated purpose.
- The User is not authorized to use the Naomi app for any other purpose than that designated by the Provider; specifically, the User may not copy, distribute, modify or interfere with the source code of the Naomi app..
- The Provider is not (in accordance with the provisions in § 6 Act No. 480/2004 Coll., on certain Information Society Services as amended) obliged to supervise the content of the transferred or stored information (objects or other data), nor is the Provider obliged to actively seek out facts and circumstances indicating the illegal nature of the content stored by the User.
- The Provider does not conduct any verification of the legitimacy or illegitimacy of the animation work performed by the User with the animation object, in particular, the Provider does not bear any responsibility for the User’s handling of the animation object in accordance with copyright law.
- The Provider does not guarantee the functionality of the Naomi app and the User undertakes to use the Naomi app at his/her own risk in accordance with these terms and conditions. The Provider shall not be held liable for any damage or harm incurred during the use of the Naomi app.
- The User acknowledges and agrees that the Provider is authorized to perform changes to the Naomi app at any time and in any manner, including the functionality of the Naomi app, the scope and conditions of use, or withdraw permission to use the Naomi app, without notifying the User.
- The Provider is not bound to any guarantees pertaining to the Naomi app, namely guarantees regarding the functionality and availability of the Naomi app.
- The User acknowledges that the use of the Provider’s Naomi app module does not come with any guarantees and that use is thus associated with a certain degree of risk. The User accepts this risk.
- The Provider shall not be held liable for any direct or indirect damage incurred by the User in connection to the use of the Provider’s Naomi app. The Provider shall not be held liable for any malfunctions, unavailability, poor access or speed of any service or any loss of the object or information, either whole or in part, connected to the use of the Naomi app.
- The User acknowledges and expressly consents to third-party advertising being displayed during the use of the Naomi app.
- The User hereby expresses his/her consent to being added to the Provider’s mailing list for promotional purposes. The User may unsubscribe from these e-mails at any time
PROTECTION OF PERSONAL DATA
The Provider undertakes to protect information and personal data obtained from Users in accordance with legal regulations. The User’s personal data is processed only to the extent necessary for the provision of the Naomi app for the purpose of providing services and for communication between the Provider and User, in accordance with Regulation (EU) 2016/679 of the European Parliament and Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/ES (GDPR) and with Act 101/2000 Coll., on the Protection of Personal Data. The personal data of individual users is processed in an automated manner electronically.
Details regarding the protection of personal data can be found here.
These terms and conditions and the relationship between the Provider and the User are governed by Czech law. The Provider reserves the right to modify these terms and conditions at any time. The changes made to these terms and conditions take effect on the date specified by the Provider.
Identification Number: 09982531
Headquarters: Korunní 2569/108, Vinohrady (Praha 10), 101 00 Praha, Czech Republic
The Information We Collect and Store
The Naomi Animation app (iOS) uses the Pad’s TrueDepth camera system (if available on device) to track the movement of a user’s facial expressions for 3D character facial animation. For this to workflow, the app requires access to the user’s device camera.
How We Use the Information and TrueDepth Camera Data
The camera images and depth data are used only for determining the position of the facial features. Camera access is required to acquire depth data from Apple’s API.
Naomi Animation will not store, or retain, any data captured by the TrueDepth camera on our servers, or use customer face data for any other purpose other than the app’s core functionality. Naomi Animation do not, and will not use customer face data to personally identify any user.
Customer Service Email: firstname.lastname@example.org
LICENSED APPLICATION END USER LICENSE AGREEMENT
or read bellow
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 Apple App under this Standard EULA or Custom EULA is granted by Apple, 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 Apple 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 nontransferable license to use the Licensed Application on any Apple-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 Apple Device to a third party, you must remove the Licensed Application from the Apple 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: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR 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 LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
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 U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. 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. The Licensed 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 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; 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 citizen 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.