Terms of Use Agreement
Date of last Revision: 14th May 2018
Thank you for deciding to use Gorilla in the room’s virtual reality (VR) and augmented reality (AR) market research technology.
It’s important that you read this Terms of Use Agreement (this “Agreement”) as it is a legally binding agreement between you and Gorilla in the room (“Gorilla in the room”, “we,” “us” or “our”) regarding Gorilla in the room’s application, available for download on mobile devices (“Discover App” or the “App”), its website and its market research products, services and features it may make available to you (the “Services”).
By using or accessing the Services you agree to the terms of this Agreement. For some of our Services you may have additional terms and conditions to accept so please be aware of this and if there is any conflict between those and this Agreement then the new terms will apply to you.
What is Gorilla in the room?
Gorilla in the room provide virtual reality (VR) and augmented reality (AR) technology to the market research industry which includes, but is not limited to, products such as VR retail behaviour, VR shelf tests, VR POS tests, AR product concepts and AR pack tests.
The Discover App uses the camera on your smartphone to show on-screen dynamic content on top of what you see in the real world (known as ‘augmented reality’) and uses features of your smartphone such as gyroscope and accelerometer to show 360-degree content of a virtual world (known as virtual reality).
We enable market research organisations to deliver augmented reality and virtual reality content to respondents via the Discover App, their own devices and/or web platforms as part of market research studies.
At Gorilla in the room we are working to build a service which is valuable for our users. The Gorilla in the room Services covered by this Agreement are constantly evolving as we add new features to improve your experience. We may need to update this Agreement as a result of this and so we would encourage you to regularly review it; the process for us updating it is set out in section 7 below. Gorilla in the room and the Discover App is the collective name of Gorilla in the room Limited (registered in England and Wales with registration number 09933443). When we refer to ‘’we’’ or ‘’our’’ or ‘’Gorilla in the room’’ of “Discover App” in this Agreement we are referring to Gorilla in the room Limited.
The Gorilla in the room Services are intended to be used by those who are 16 and over; if you are not 16 then please do not continue to download or use the Services unless you have the express consent of your parent or guardian.
1. Privacy
Your privacy is important to us and so we encourage you to please read and understand the contents of our Privacy Policy before using the Discover App or Gorilla in the room Services or accessing the Gorilla in the room Platform.
2. Your Use of the Discover App and Services
The Discover App permits you to use the Gorilla in the room software application for mobile devices (“Discover App”) and the Gorilla in the room information technology augmented reality and virtual reality platform (“Gorilla in the room Platform”) that Gorilla in the room may make available from time to time from your mobile device (“Device”).
Once you download the Discover App onto your Device and agree to be bound by this Agreement and the Privacy Policy, you may use the Discover App to use the Gorilla in the room Platform.
3. Accessing Content we make available to you
Our Service allows you to view content created by us and from third parties (“Gorilla in the room Content”). So you can use the Gorilla in the room Content, the Services and Platform, Gorilla in the room grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable and non-sublicensable licence to it. This licence is for the sole purpose of letting you use and enjoy the Service consistent with this Agreement, our usage policies and any additional license terms you might receive.
Any software that we give you access to may automatically download and install upgrades, updates or other new features. Your Device settings may allow you to adjust these automatic downloads. You may not copy, modify, distribute, sell or lease any part of the Service nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so.
4. Proprietary Rights
We reserve all intellectual property rights in the Discover App, the Gorilla in the room Services and the Gorilla in the room Platform, except for the rights expressly granted in this Agreement and you accept and acknowledge that all intellectual property rights in the Gorilla in the room Content belong to Gorilla in the room or its licensors.
You may not remove or alter any trademark, logo, copyright or other proprietary notice in or on the Discover App, Gorilla in the room Services, Gorilla in the room Platform or any in Gorilla in the room Content.
This Agreement does not grant you any right to use the trademarks, service marks, copyright works or logos of Gorilla in the room, its licensors or any other third parties.
5. Termination
If you breach this Agreement or otherwise create unacceptable risk or exposure for us, we may immediately terminate this Agreement or cease to provide all or part of the Services to you. In such cases the Agreement will terminate except that Sections 4, 10-20 will survive termination and will continue.
We may terminate this Agreement for any reason by giving you notice. Upon termination, you will no longer be able to use the Discover App or Gorilla in the room Services and you must cease such use and also delete all copies of the Discover App that you have downloaded.
6. Your Restrictions and Usage Rules
6.1. Restrictions
You may not use the Discover App on any Device that you do not own or control, and you may not distribute or make the Discover App available over a network where it could be used by multiple devices at the same time.
You may not download the App on a Device that is not legally available in your country of residence.
You may not copy (except as expressly permitted by this Agreement and the usage rules described in Section 8.2), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Discover App, Gorilla in the room Services or any updates or any part thereof, or of any Gorilla in the room Content (except to the extent any foregoing restriction is permitted by applicable law).
6.2. Usage Rules
You acknowledge that the Discover App contains security technology that limits your usage of the Discover App to the following applicable usage rules however whether or not the Discover App is limited by security technology, you agree to use the Discover App in compliance with the following applicable usage rules:
(a) your use of the Discover App is conditioned upon your prior acceptance of the terms of this Agreement;
(b) you will be able to store the Discover App from up to five different Accounts (as defined in the Apple Terms of Service) on certain devices, including the Devices, at a time;
(c) you will be able to store the Discover App on five authorized devices at any time;
(d) you will not attempt to, or encourage or assist any other person to circumvent or modify any security technology or software that is part of the Service (as defined in the Apple Terms of Service) or used to administer the Usage Rules (as defined in the Apple Terms of Service);
(e) the delivery of the Discover App does not transfer to you any promotional use rights in the Discover App or the Gorilla in the room Content; and
(f) you shall be able to manually sync the Discover App from at least one authorized device to devices that have manual sync mode, provided that the Discover App is associated with an Account (as defined in the Apple Terms of Service) on the primary iTunes authorized device, where the primary iTunes-authorized device is the one that was first synced with the device, or the one that you subsequently designate as primary using iTunes.
7. Changes to this Agreement
We may need to modify this Agreement from time to time. In most circumstances the reasons for these modifications are to reflect changes in our products and services, in the law, to meet regulatory requirements or to reflect new industry guidance and codes of practice.
If we modify the Agreement, we will post a notice on the Gorilla in the room website located at www.gorillaitr.com, or put a notice within the Discover App. Your continued use of the Service following notice of the changes to the Agreement, policies, guidelines constitute your acceptance of our amended Agreement, policies or guidelines. You should discontinue to use the Service if you do not agree with the changes.
8. Infringement
8.1. Our Options
If the Service infringes or misappropriates, or in our reasonable determination is likely to infringe or misappropriate any third party’s intellectual property rights, then we may, at our sole option and expense:
(a) obtain from the third party the right to continue to use the Service consistent with the rights granted hereunder; or
(b) modify or stop providing the Discover App or Service to avoid and eliminate such infringement or misappropriation.
8.2. Exclusions
We will not be liable for any infringement based on:
(a) modification of the Discover App by anyone other than us; or
(b) the combination of the Discover App with other software, items or processes not furnished by us if such infringement would have been avoided by the use of the Software alone; or
(c) any Third Party Content
9. Disclaimer of Warranty
THE SERVICES AND PLATFORM HAVE BEEN DEVELOPED WITH, AND ARE PROVIDED WITH, REASONABLE CARE AND SKILL. GORILLA IN THE ROOM DOES NOT MAKE ANY OTHER PROMISES OR WARRANTIES ABOUT THE DISCOVER APP OR ANY GORILLA IN THE ROOM CONTENT AND IN PARTICULAR DOES NOT WARRANT THAT: (I) THE SERVICES WILL PROVIDE UNINTERRUPTED OR ERROR-FREE USE AND THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; AND (II) THE SERVICES WILL OPERATE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM. GORILLA IN THE ROOM DOES NOT WARRANT THAT THE GORILLA IN THE ROOM CONTENT WILL BE ERROR-FREE, COMPLETE, ACCURATE, AVAILABLE OR UNINTERRUPTED. GORILLA IN THE ROOM EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR PURPOSE. EXCEPT AS SET OUT IN SECTION 12 BELOW, OR IN THE EVENT THAT YOU ARE EXERCISING ANY APPLICABLE STATUTORY RIGHT TO REFUND OR COMPENSATION, IN NO CASE SHALL GORILLA IN THE ROOM BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY THE DISCOVER APP WHERE: (I) THERE IS NO BREACH OF A LEGAL DUTY OF CARE OWED TO YOU BY GORILLA IN THE ROOM; (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 GORILLA IN THE ROOM, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE DISCOVER APP OR THE GORILLA IN THE ROOM SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED BREACH OR AS A RESULT OF A BREACH, OF THIS AGREEMENT; (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 DISCOVER APP OR THE GORILLA IN THE ROOM SERVICE; OR(VI) THE LOSS OR DAMAGE IS INDIRECT.
10. Limitation of Liability
Except as set forth in Section 11, Gorilla in the room’s aggregate liability under this Agreement will shall be limited to the lower of the sum equal to the data cost of downloading the Discover App to your Device or £75.
11. No Limits or Exclusions
Nothing in this Agreement excludes or limits Gorilla in the room’s liability for fraud, fraudulent misrepresentation or for death or personal injury.
12. Suspension of the Discover App and Gorilla in the room Services
We can, at any time, suspend your use of the Discover App and/or Gorilla in the room Services. We will do this if we think it is reasonably necessary because:
12.1. we have concerns about the security of the Discover App, Gorilla in the room Platform or Gorilla in the room Services;
12.2. we are obliged to do so in order to comply with the order of a court, regulatory authority or other government body;
12.3. we reasonably believe that your account information or augmented reality face profile is fake and/or you are impersonating another person;
12.4 we reasonably believe that you are using the Discover App or Gorilla in the room Services in a manner that is inconsistent with or breaches any of our or third parties’ usage rules; or
12.5. we are investigating a report against your account or any User Generated Content you have added.
We will usually give you advance notice of any suspension and tell you why. However, we will not do so if this would compromise our reasonable security measures or it is unlawful to do this. Occasionally, we may not be able to contact you to give you advance notice.
13. Mobile and Other Devices
We currently do not charge you for use of the Discover App but please be aware that your carriers normal rates and fees, such as data charges, will still apply.
14. Access to Gorilla in the room Content and Third Party Sites
Your access to Gorilla in the room Content is entirely at our discretion. We have the right to remove or change Gorilla in the room Content at any time without notice to you and to determine which Gorilla in the room Content you will have access to at any given time. We make no guarantee that Gorilla in the room Content will be constantly or consistently available. Gorilla in the room has no liability to you for the content of any Third Party Content.
You acknowledge that Gorilla in the room Content is for general information purposes only and is not intended to be relied upon for specific advice.
If any Gorilla in the room Content contains links to third party applications or websites (“Third Party Sites”), you accept and acknowledge that Gorilla in the room is not responsible for the content or functioning of such Third Party Sites. We do not own or operate the Third Party Sites, and we have not reviewed, and cannot review, all of the material, including goods or services, made available through Third-Party Sites. The availability of these links in the Gorilla in the room Content does not represent, warrant or imply that we endorse any Third Party Sites or any materials, opinions, goods or services available on them. If you choose to access Third Party Sites, you do so at your own risk and you agree to be bound by any additional terms of use (including any third party privacy policies) that apply to such Third Party Sites. Gorilla in the room has no liability to you for your use of any Third Party Sites.
15. Injunctive Relief
We will have the right to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third-party rights.
16. Choice of Law and Jurisdiction
This Agreement and any non-contractual obligations arising out of or in connection with it shall be governed by and construed in accordance with English law. The Parties hereby agree to submit to the exclusive jurisdiction of the English Courts in respect of all disputes arising out of or in connection with this Agreement.
17. APPLE INC
If the Platform that you download, access and/or use runs on Apple’s iOS operating system:
- the Platform may only be accessed and used on a device owned or controlled by you and using Apple’s iOS operating system, and only in accordance with Apple’s usage rules published in its App Store terms of service;
- you acknowledge and agree that:
- Apple has no obligation at all to provide any support or maintenance services in relation to Platform. If you have any maintenance or support questions in relation to the Platform, please contact us, not Apple, using the contact details set out at the end of this Agreement;
- except as otherwise expressly set out in this Agreement, any claims relating to the possession or use of the Platform are between you and us (and not between you, or anyone else, and Apple);
- in the event of any claim by a third party that your possession or use (in accordance with this Agreement) of the Platform infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim; and
- although these terms are entered into between you and us (and not Apple), Apple, as a third party beneficiary under these terms, will have the right to enforce these terms against you;
- you represent and warrant that:
- you are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” country; and
- you are not listed on any United States Government list of prohibited or restricted parties; and
- if the Platform does not conform to any warranty applying to it, you may notify Apple, which will then refund the purchase price of the Platform (if any) to you. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the Platform and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the Platform or as a result of you or anyone else using the Platform or relying on any of its content.
15. Miscellaneous
(a) Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding the use of this Discover App and supersedes any prior or contemporaneous understandings and agreements between you and us related to its subject matter.
(b) Third Party Beneficiaries. Any person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any terms of this Agreement.
(c) Non-Waiver. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
(d) Severability. The parties agree that each provision of this Agreement is intended to be construed to be enforceable to the fullest extent possible. If any provision or part of a provision of this Agreement is held to be unlawful, void or unenforceable, that provision or part of the provision shall be deemed severable from this Agreement and not affect the validity and enforceability of any remaining provisions.
(e) Assignment. You may not assign your rights under this Agreement to any third party; we may freely assign our rights under this Agreement and the Agreement, including for the purposes of a merger, acquisition, sale of assets, by operation of law or otherwise.
(f) Product Questions, Comments, Claims and Contact Information. We are responsible for addressing any questions, comments or claims relating to the Gorilla in the room App and Service and/or your use of the Discover App and Service, including but not limited to:
- product liability claims;
- personal data claims;
- any claim that the Discover App fails to conform to any applicable legal or regulatory requirement; and
- claims arising under consumer protection or similar legislation.
If you have any comments or questions, please contact Gorilla in the room at:
Gorilla in the room Limited
Preston Park House
South Road
Brighton
BN1 6SB
United Kingdom