Spherum - Terms of conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY

WHEN YOU CREATE AN ACCOUNT OR USE THE APP, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THEM, PLEASE DO NOT REGISTER, ACCESS OR USE THE APP NOR ANY OF THE SERVICES.

1. WHO WE ARE AND WHAT THESE TERMS DO

These terms and conditions (the “Terms”) form a legal agreement between you (the “User”, “you” or “your”) and Spherum LLP (the “Company”, “Spherum”, “we”, “our” or “us”), a private company limited by shares with registration number 220840045251, incorporated and registered in Kazakhstan, whose current registered office is at Kazakhstan, Almaty, ulitsa karasay batyra 193b, 050008, and includes any future registered address of Spherum.

These Terms govern the relationship between you and us and sets forth the terms and conditions by which you may access and use the App and the Services (as defined below).

Please take the time to read these Terms carefully. Use of the App is not intended for persons under the age of 18. If you are not at least 18 years old, you may not use the App at any time or in any manner. We do not knowingly collect or solicit any information from anyone under the age of 18 or knowingly allow such persons to create an account or use App. In the event that we become aware that we have collected personal information from a child under 18, we will delete that information as quickly as possible. If you believe that we have unlawfully collected information from a child under the age of 18 on the App, contact us at support@spherum.io .

2. DEFINITIONS

The following definitions apply in these Terms.

“Android”: means the mobile operating system developed by Google primarily for touchscreen devices, such as cell phones and tablets.

“Apple”: means Apple, Inc. or any of its affiliates.‍

“App”: means the SPHERUM App mobile application software and any features within it (part of SPHERUM + and/or SPHERUM Pro), or updates or supplements to it.‍

“App Store”: means the appstore on which the App was downloaded by the User (namely, the Apple appstore or Google playstore or their respective successors, as applicable).‍

“Featured SPHERUM™ Sequence”: means a SPHERUM™ Model created by a third-party (i.e. not the User). Featured SPHERUM™ Sequence(s) may be available in the App free of charge or as in-App purchases.‍

“Google”: means Google, Inc. or any of its affiliates.‍

“Intellectual Property Rights”: means patents, utility models, rights to inventions, copyright and related rights, trade marks and service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, including all applications for (and rights to apply for and be granted), renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world.

“Superpower(s)”: means any visual element(s)/filter(s) that can be applied to a SPHERUM™ Model and is defined as a “Superpower” in the App.‍

“SPHERUM™ Experience(s)”: means any video recording(s) (including accompanying audio recording(s), if any) recorded through the App, which display(s) one or a number of SPHERUM™ Models.

A person includes an individual, corporate or unincorporated body (whether or not having separate legal personality) and that person's legal and personal representatives, successors or permitted assigns.‍

A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.‍

Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.‍

Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders. ‍

A reference to writing or written includes e-mail but not faxes.

3. YOUR PRIVACY

We only use any personal data we collect through your use of the App and the Services in the ways set out in our Privacy Policy unless you are using a specific service to which a different privacy policy applies, as notified to you by us from time to time.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

4. THE APP STORE'S TERMS ALSO APPLY

The ways in which you can use the App may also be controlled by the App Store's rules and policies (available on the Apple website (www.apple.com) or Google Play website (www.play.google.com) as applicable) and the App Store's rules and policies will apply instead of these Terms where there are differences between the two. For example all in-App purchases are made using your Apple or Google account.The following additional terms and disclosures only apply to you if you use the App through the Apple operating system, if available and as applicable:

This is a custom end-user license agreement between you and Spherum, and not with Apple. Spherum, and not Apple, is solely responsible for the App and the related content.
Spherum grants you the non-transferable right to use the App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
Apple has no obligation whatsoever to furnish any maintenance and support services with respect to this App. Spherum is solely responsible for providing any maintenance and support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, if any, you may notify Apple, and Apple will refund the purchase price, if applicable, for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of to conform to any warranty, if any, will be the sole responsibility of Spherum.
Spherum, and not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (a) product liability claims; (b) any claim the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Spherum, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Any questions, complaints, or claims with respect to the App should be directed to "Spherum" Limited Liability Partnership (Spherum LLP), Kazakhstan, Almaty, ulitsa karasay batyra 193b, 050008, support@spherum.io.
You must comply with applicable third party terms of agreement when using the App.
Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and, upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

5. OPERATING SYSTEM REQUIREMENTS

This App requires a mobile or tablet device:

made by Apple and with the iOS 14 or iOS 15 operating system and supports ARKit for generating Spherum™ Model(s); or
made by an Android device manufacturer and supports ARCore for generating Spherum™ Model(s).

6. SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS

Support. If you want to learn more about the App or Services or have any problems using them please take a look at our support resources on our discord channel which you can access through our websites or write at: support@spherum.io

Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or you would like to raise a complaint about User Content or any other material on the App or wish to contact us for any other reason please email our customer service team at support@spherum.io. ‍

How we will communicate with you. If we have to contact you we will do so by email using the contact details you have provided to us .

7. YOUR ACCOUNT

Account

To access and use the App and Services, you must be 18 years old or older and will need to create an account with us and provide certain necessary information. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete. Spherum reserves the right to suspend or delete any account where it reasonably considers that the information provided is not accurate and/or up-to-date.‍

The information required to create an account may change from time to time and failure by the User to provide such information may result in restricted use of the App and Services (with the nature and extent of such restriction being at our absolute discretion).‍

You agree that you will not create more than one account. If your account has already been suspended or deleted for any reason, you agree that you will not create another account without written permission from us.

Password and Security

It is important that you choose a strong account password and keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must notify us immediately at support@spherum.io.‍

You are required to verify the email address provided when creating an account. Until such verification is provided, the creation of your account may not be complete and may result in restricted use of the App and Services (with the nature and extent of such restriction being at our absolute discretion).‍

We may require you to set up a two-factor authentication process as a means of security in certain circumstances and at certain times. The method of two-factor authentication will be at the discretion of Spherum. Failure to provide full authentication in such circumstances may result in restricted use of the App and Services (with the nature and extent of such restriction being at our absolute discretion).

Account Activity, Suspension and Deletion

You agree that you are solely responsible (to us and to others) for the activity that occurs under your account. You are not permitted to sell, rent or lease access to your account or username without written permission from Spherum.‍

We reserve the right to issue a warning to you or to delete or temporarily suspend your account at any time in line with the provisions below (see 19 - BREACH OF THESE TERMS) if you have failed to comply with any of the provisions of these Terms.

We reserve the right to delete or temporarily suspend your account due to inactivity for a period of 12 months. We will notify you 30 days prior to any such action, specifying the action that will be taken and the date on which that action will be taken.

If you no longer want to use the App you can delete all your data by going to the account section in the App. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content you created or information you have provided when using the App and/or Services.‍

If the email address provided when creating an account is deactivated, Spherum reserves the right to delete the User’s account within 30 number of days if no replacement email address is provided.‍

If your account is deleted, it will serve to terminate your and our obligations under these Terms.

8. HOW YOU MAY USE THE APP

In return for your agreeing to comply with these Terms you may:

download a copy of the App onto your handheld devices and view, use and display the App and the Services on such devices for your personal purposes only. In addition you may share the App and the Service in accordance with the rules governing Family Sharing or any similar functionality provided by Apple or Google;
receive and use any free supplementary update of the App incorporating "patches" and corrections of errors as we may provide to you.

Whenever you make use of a feature that allows you to create/generate content through our App, or to make contact with other Users of our App or share User Content, you must comply with the content standards set out below at 16 – ACCEPTABLE USE RESTRICTIONS. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

9. YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE

We are giving you personally the right to use the App and the Services as set out in these Terms. Whilst you may have sharing rights as set out above, 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.

10. 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 will give you at least 30 days’ notice of any change by sending you an email with details of the change or notifying you of a change when you next start the App. If you keep using the App after having been notified of the changes, acceptance of those changes will be implied. The User agrees that these changes will form part of these Terms.

11. UPDATE TO THE APP AND CHANGES TO THE SERVICES

From time to time we may automatically update the App and/or change the Services to improve performance, enhance functionality, reflect changes to the operating system, address security issues or for any other reason.‍

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 match the description of it provided to you when you downloaded it.

We may suspend or discontinue any aspect of the Services at any time. Before doing so, will notify you of the affected Services. Failure to provide such notification will not, however, affect our right to suspend or discontinue such Services.

12. IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING

If you download 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.

13. WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO

The App or any of the Services 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.

14. USER CONTENT

Rights You Grant Us

This App is designed for joint creation between Users and is not designed for private communications. Any content you make available through our App will be considered non-confidential and non-proprietary. You are free to share your content with anyone else, wherever you want. We accept no liability in respect of any content or information submitted by Users of the App and/or Services.

We may generate revenues, increase goodwill or otherwise increase its value from your use of the App and/or Services, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, usage data and gifts. You acknowledge and agree that, except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever.

You further acknowledge that, unless permitted by us in these Terms or in another agreement you enter into with us, you:

have no entitlement to receive any income or other consideration from any User Content or your use of any content made available to you on or through the Services, including in any User Content created by you; and
shall have no entitlement to monetise or obtain consideration from any User Content within the Services or on any third party service (including any other social media platform) to the extent that such User Content has been in any way edited or otherwise modified through the Services.

The Content of Others

While the permitted uses of the App and Services are made clear throughout these Terms, User Content is the sole responsibility of the User.

While we will do our best to assess any possible risks for Users when they use the App and the Services and we reserve the right to review or remove all User Content, we do not necessarily review all of it. We, therefore, cannot and do not take responsibility for any User Content that others provide through the Services.

As outlined above, the use of any of the App and the Services by a person under 18 years old is not permitted. We do not knowingly collect or solicit any information from anyone under the age of 18 or knowingly allow such persons to create an account or use App. In the event that we become aware that we have collected personal information from a child under 18, we will delete that information as quickly as possible.

If you wish to complain about content, please contact us on support@spherum.io

15. LICENCE AND LICENCE RESTRICTIONS

Subject to the restrictions in these Terms, Spherum grants you a personal, worldwide, royalty-free (save in respect of in-App purchases), non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the App and the Services. This license is for the sole purpose of letting you use and enjoy the App and the Services in accordance with these Terms. You acknowledge and agree that upon any termination of your account or these Terms, this license granted to you in respect of the App and the Services will automatically terminate.

You agree that you will:‍

except in the course of permitted sharing (see the above section on 8 - HOW YOU MAY USE THE APP), not rent, lease, sub-license, loan, assign, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person, or use the App or the Services to advertise or perform any commercial solicitation, without prior written consent from us;
not copy the App or Services;
not translate, merge, adapt, vary, alter or modify, the whole or any part of the App 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 interfere with or attempt to interfere with the proper working of the App, disrupt the App or any networks connected to the App, or bypass any measures we may use to prevent or restrict access to the Services;
not use any automated system or software, whether operated by a third party or otherwise, to extract any data from the App for commercial purposes;
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; and
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.

Use by you of the App or other materials available as part of the Services for any purpose not expressly permitted by these Terms is strictly prohibited. We reserve the right, at any time and without prior notice, to permanently or temporarily remove or suspend access to the App and/or Services if in our sole opinion your User Content violates or potentially violates these Terms, third party rights (including Intellectual Property Rights), applicable laws or regulations or is otherwise harmful to the App and/or Services, our Users or third-parties.

16. ACCEPTABLE USE RESTRICTIONS

The Content Standards must be complied with in spirit as well as to the letter. The Content Standards apply to each part of any Interaction as well as to its whole.

Spherum will determine, in its discretion, whether an Interaction breaches the Content Standard.

General‍

You must not:

any use the App and/or the Services under unsafe conditions or in a dangerous manner;
use (or attempt to 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/content, into the App, any Service or any operating system;
transmit, send any User Content or other material that give the impression that the material emanates from Spherum, if this is not the case;
knowingly transmit any data, send any User Content or other material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; and
without prior written consent from us, transmit, procure the sending of containing any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

Respecting others

You must:‍

comply with our content standard policy;
not use or attempt to use another User’s account, username, or password without that User’s permission;
not solicit or attempt to solicit another User’s username and/or password;
respect other Users within the App;
not use the App or the Services in a way that could interfere with, disrupt, affect negatively, or otherwise inhibit other Users from fully enjoying the App and/or Services;
not share or transmit any material (User Content, messages or any other material) that is defamatory, offensive or otherwise objectionable, or use the App and/or the Services in a manner that could cause offence or upset to others (whether they are users of the App and/or Services or not) or otherwise affect them in a negative way. In particular, you must not bully others (whether they are users of the App and/or Services or not) or capture or share material that contains pornography (or other sexually explicit material), graphic violence, threats, hate speech, or incitements to violence;
not create User Content that infringes or otherwise infringe (or attempt to infringe) our Intellectual Property Rights, those of any other Users within the App or those of any third party in relation to your use of the App or the Services, including by the submission of any material (to the extent that such use is not licensed by these Terms);

Security‍

You must not:‍

use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security;
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;
without our prior written consent, use or develop (or attempt to use or develop) any third-party application that interact with the App and/or the Services;
access (or attempt to access) by any means areas or features of the App or the Services that you are not authorised to access;
without our prior written consent, test the vulnerability of the App or the Services or any system or network that could potentially harm the App or the Services; and
encourage or promote any activity that violates these Terms.

17. INTELLECTUAL PROPERTY RIGHTS

All Intellectual Property Rights in the App 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 or the Services other than the right to use them in accordance with these Terms.

Spherum are KZ, US, UK and EU registered trademarks of Spherum (or awaiting registration). You are not permitted to use them without our approval, unless it is part of material you are using as permitted under these Terms.‍

If you wish to complain about content by other Users which you believe infringe your Intellectual Property Rights, please contact us at support@spherum.io. If you believe that your copyright in a work may have been infringed by content created/generated by other Users under KZ law, please see below for our notice procedures pursuant to the Digital Millennium Copyright Act.

Digital Millennium Copyright Act Procedure‍

Spherum respects the Intellectual Property Rights of others and complies with safe harbor provisions of the Digital Millennium Copyright Act (“DMCA”). Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify Volograms’s designated copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:‍

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notifications of claimed infringement should be forwarded to Spherum designated agent as follows:

"Spherum" Limited Liability Partnership

Spherum LLP

Kazakhstan, Almaty, ulitsa karasay batyra 193b, 050008

support@spherum.io

After receiving a valid DMCA notification of claimed infringement, we will process and investigate the claim and will take appropriate actions under the DMCA, including expeditiously removing or disabling access to any material claimed to be infringing or claimed to be the subject of infringing activity. We will take reasonable steps promptly to notify the user who submitted the material that we have removed or disabled access to such material.‍

Counter-Notification. If you posted or submitted material to Spherum which Spherum removed or disabled access to pursuant to a DMCA notification of claimed infringement, and you believe your material is not infringing and the material was removed or disabled as a result of a mistake or misidentification, you may send a counter-notification containing the following information in writing to Spherum’s designated agent listed above:‍

Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that the you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside for any judicial district in which Spherum may be found, and that you will accept service of process from the person who provided the notification of claimed infringement or an agent of such person.

If a valid counter-notification is received by our designated agent, we will send a copy of the counter-notification to the original complaining party informing the owner (or the person authorized to act on behalf of the owner) that we will replace the removed material or cease disabling access to it in 10 business days. Unless our designated agent first receives notice from the original complaining party that such party has filed an action seeking a court order to restrain the alleged infringement, we will replace or restore access to the material in 10 to 14 business days after our designated agent’s receipt of the counter-notification, at our sole discretion.

Spherum reserves the right, in its sole discretion, to terminate accounts for users that are deemed to be repeat copyright infringers.

18. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.

Limitation of our liability to you. To the fullest extent permitted by law, our total aggregate liability whether in contract, in tort (including negligence), under any statute or otherwise under or in connection with these Terms and the provision and receipt of the Services will be limited to the amount paid by you to us within the 12 month period immediately preceding your claim against us.

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.

When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. 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. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose, we will have no liability to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

use of, or inability to use, our App and/or the Services
use of or reliance on any content displayed on our App.

In particular, we will not be liable for:‍

loss of profit, sales, business or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage,

and we exclude all implied conditions, warranties, representations or other terms that may apply to our App and/or the Service.‍

Limitations to the App and the Services. The App and the Services are provided for 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 Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.‍

Please back-up content and data used with the App and the Services. We recommend that you back up any content and data used in connection with the App and/or the Services, to protect yourself in case of problems with the App and/or the Services.‍

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 App Store) 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.

19. BREACH OF THESE TERMS

Actions Taken on Breach

When we consider that a breach of these Terms has occurred, we may take such action as we deem appropriate.‍

Failure to comply with the 15 - LICENCE AND LICENCE RESTRICTIONS and 16 - ACCEPTABLE USE RESTRICTIONS in particular constitutes a material breach of these Terms, and may result in our taking all or any of the following actions:

issuing a warning to you;
temporarily suspending your account;
permanently deleting your account;
bringing legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
bringing further legal action against you; or
disclosing such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

Any action taken by us may be taken immediately or at any other time after the breach has occurred.‍

We exclude our liability for all action we may take in response to breaches of these Terms. The actions we may take are not limited to those described above and we may take any other action we reasonably deem appropriate.

Consequences of Breach

We may permanently end your rights to use the App and Services at any time by deleting your account as outlined above. 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 in writing that you have done this.

We may temporarily limit or restrict your rights to use the App and/or any or all aspects of the Services at any time by suspending your account as outlined above. The extent and period of any such suspension may be determined by Spherum. Any lifting of such suspension may be contingent on certain actions being taken by you.

20. WE MAY TRANSFER OUR AGREEMENT WITH YOU 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.

21. 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.

22. IF A COURT FINDS PART OF THESE TERMS 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.

23. EVEN IF WE DELAY IN ENFORCING THESE TERMS, WE CAN STILL ENFORCE IT LATER

Even if we delay in enforcing these Terms, 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 these Terms, 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.

24. WHICH LAWS APPLY TO THESE TERMS AND WHERE YOU MAY BRING LEGAL PROCEEDINGS

These terms are governed by Kazakhstan law and you can bring legal proceedings in respect of the products in the Kazakhstan courts.Effective: May 25th, 2022

Contacting Us

Spherum LLP, Kazakhstan

Almaty, ulitsa karasay batyra 193b, 050008

support@spherum.io

Spherum - Privacy Policy

Spherum LLP (we, us, Spherum) are committed to protecting your personal data and respecting your privacy.

User-Generated Content Warning

Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not:

intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other users or writing or soliciting fake reviews;
- use the Services to upload, transmit, distribute, store or otherwise make available in any way:
- files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
- any unsolicited or unauthorised advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other prohibited form of solicitation;
- any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., National Insurance numbers, passport numbers) or credit card numbers;
- any material which does or may infringe any copyright, trade mark or other intellectual property or privacy rights of any other person;
- any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory;
- any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm;
- any material that is deliberately designed to provoke or antagonise people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people;
- any material that contains a threat of any kind, including threats of physical violence;
- any material that is racist or discriminatory, including discrimination on the basis of someone's race, religion, age, gender, disability or sexuality;

any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide;

or material that, in the sole judgment of Spherum, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose Spherum, the Services or its users to any harm or liability of any type.

We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these Terms or our Community Guidelines, or otherwise harmful to the Services or our users. Our automated systems analyze your content to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.

We accept no liability in respect of any content submitted by users and published by us or by authorised third parties.

If you believe that content uploaded by other users infringes upon your rights, please email us at support@spherum.io

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INTRODUCTION

This policy (together with our terms and conditions of use as set out at Spherum - Terms and Conditions (T&Cs), our cookie policy as set out at Cookie Policy, and any additional terms of use incorporated by reference into the T&Cs, together our Terms of Use applies to your use of:

The Spherum App mobile application software (App) available on the Apple Appstore and Google Play Store, once you have downloaded a copy of the App onto your mobile telephone or handheld device (Device).

The Spherum App VR application software (App) available on the Oculus Store (including but not limited to AppLab and Oculus Quest Store), Viveport, Steam Store, Pico Store, and any other Appstore offering VR applications for purchase, once you have downloaded a copy of the App onto your VR/AR device (Device).

Any of the services accessible through the App (Services). This policy sets out the basis on which any personally identifiable information (also known as "personal data") we collect from you, or that you provide to us, will be processed by us. Use of the App is not intended for persons under the age of 18. If you are not at least 18 years old, you may not use the App at any time or in any manner. We do not knowingly collect or solicit any personal data from anyone under the age of 18 or knowingly allow such persons to create an account or use App. In the event that we become aware that we have collected personal data from a child under 18, we will delete that personal data as quickly as possible. If you believe that we have unlawfully collected personal data from a child under the age of 18 on the App, contact us at support@spherum.io. Please read the following carefully to understand our practices regarding your personal data and how we will treat it.

For certain features, We may ask you to submit (or We may ask your permission to take) a photo, facial scan, or other image or video of you.
- For example, when making a volumetric video using a front camera, we use TrueDepth API (developed by Apple) technology with your camera to look at and measure multiple data points on your face. That provide information about facial position, orientation, and topology. We use that information to generate volumetric video of your face in a realistic position and scale. For more information about TrueDepth API processing of your photos and videos, you may visit the following (https://developer.apple.com/documentation/arkit/ar...). Please read the following carefully to understand our practices regarding your personal data and how we will treat it.

1. IMPORTANT INFORMATION AND WHO WE ARE

Spherum LLP (company registration number: 220840045251) with registered office at Kazakhstan, Almaty, Zhambyl st. 55/57, suite 1, A05D6C3, is the controller and is responsible for your personal data (collectively referred to as the "Company", "we", "us" or "our" in this policy).

We have appointed a data privacy manager. If you have any questions about this privacy policy, please contact them using the details set out below.

Contact details

Our full details are:

Full name of legal entity: "Spherum" Limited Liability Partnership

Name or title of data privacy manager: Chief Operating Officer (COO)

Email address: support@spherum.io

Postal address: Kazakhstan, Almaty, Zhambyl st. 55/57, suite 1, A05D6C3

Changes to the privacy policy and your duty to inform us of personal data changes

We keep our privacy policy under regular review.

This version was last updated on July 6th, 2023. It may change and if it does, these changes will be posted on this page and, where appropriate, notified to you by email or when you next start the App. The new policy may be displayed on-screen and you may be required to read and accept the changes to continue your use of the App or the Services.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during our relationship with you.

Third party links

Our App may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. Please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as Contact Data. Please check these policies before you submit any personal data to these websites or use these services.

2. THE DATA WE COLLECT ABOUT YOU

We may collect, use, store and transfer different kinds of personal data about you as follows:

Profile Data;

Contact Data;

Device Data;

Content Data;

Usage Data;

Marketing and Communications Data;

Location Data;

TrueDepth Data.`

We also collect, use and share aggregated data such as statistical or demographic data for any purpose. Aggregated data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific App feature. However, if we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data) or information about your criminal convictions and offences when you capture/record videos with your Device through the App. We do not require this information and it is for you to decide whether you want to share such information in the contents you create/generate through the App and share with others. This information is subject to special protections under KZ law.

3. HOW IS YOUR PERSONAL DATA COLLECTED

We will collect and process the following personal data about you:

Information you give us. This is information (including Profile, Contact, Content, Usage and Marketing and Communications Data) you consent to giving us about you by filling in forms on the App, using the App or by corresponding with us (for example, by email). It includes:
1. information you provide when you download and register to use the App by creating a User account;
1. information you provide when you capture/record videos with your Device through the App and more generally when you use the App;
1. information you provide when you create/generate SPHERUM™ Model(s) and/or SPHERUM™ Experience(s) using the App;
1. account details of other App users you share SPHERUM™ Model(s) and/or SPHERUM™ Experience(s) with within the App;
1. the SPHERUM™ Model(s) and SPHERUM™ Experience(s) you share via the App's social media functions;
1. information you provide when you report a problem with the App or our Services; and when you contact us, any correspondence between you and us.
1. information you provide when you record video with the main and front camera with the LIDAR icon enabled

Information we collect about you and your Device. Each time you use our App we will automatically collect personal data including Device, Content and Usage Data. For example, when you report a problem with the App or our Services, we log information in respect of your Device such as the version of the operating system you are using and the time zone within which your Device is located. We also log when you are using our App and what videos and other content you view on our App.

Information we receive from other sources including other users of the App and third parties. We will receive personal data about you from various third parties or other users within the App as set out below:
1. When other App users share SPHERUM™ Model(s) and/or SPHERUM™ Experience(s) with/of you within the App, we will receive Profile and Usage Data about you such as your username, video and sound.
1. Information collected by cookies. For more information about the cookies we use, please see our Cookie Policy herehttps://www.notion.so/Cookie-Policy-a82267ab8eae4ba59565b0d1cd341e60.

4. HOW WE USE YOUR PERSONAL DATA

We will only use your personal data when the law allows us to do so. Most commonly we will use your personal data in the following circumstances:

Where you have consented before the processing.

Where we need to perform a contract we are about to enter or have entered with you.

Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

Where we need to comply with a legal or regulatory obligation.

We will only send you direct marketing communications by email or text if we have your consent. You have the right to withdraw that consent at any time by contacting us.

Purposes for which we will use your personal data

Purpose/activity	Type of data	Lawful basis for processing
To install the App and register you as a new App user	Profile Contact	Your consent
To deliver Services including converting the videos you capture/record through the App into SPHERUM™ Model(s), enabling you to share SPHERUM™ Model(s) and SPHERUM™ Experience(s)	Profile Contact Content Marketing and Communications Device Location	Your consent ‍ Performance of a contract with you
To manage our relationship with you including notifying you of changes to the App or any Services and contacting you directly in relation to any query you have raised about the App and its Services	Profile Contact	Your consent Performance of a contract with you Necessary for our legitimate interests (to keep records updated and to analyse how customers use our products/ Services) Necessary to comply with legal obligations (to inform you of any changes to our terms and conditions)
To enable you to participate in a prize draw, competition, avail of special offers or complete a survey	Profile Contact Device Marketing and Communications	Your consent Performance of a contract with you Necessary for our legitimate interests (to analyse how customers use our products/Services and to develop them and grow our business)
To notify you of new content and when someone has shared SPHERUM™ Model(s) with you	Profile Contact Device Marketing and Communications	Your consent Necessary for our legitimate interests (to improve our customers user experience and their use of our products/Services and to develop them and grow our business)
To administer and protect our business and this App including content review, troubleshooting, data analysis and system testing	Profile Contact Content Location	Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, Cloud services)
To improve quality, stability and secutiry of the App and our Services	Content Device Location Usage	Performance of a contract with you Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, Cloud services)
To improve existing features of the App and develop new ones	Content Device Marketing and Communications Usage	Necessary for our legitimate interests (for running and grow our business, provision of administration and IT services, network security, Cloud services)
Record video with with the LIDAR icon enabled	TrueDepth Data	Your consent. It is necessary to be able to create your own videos with a depth effect, which will allow you to further add various effects to the video or change it

‍COOKIES

You can adjust the preferences in the App to refuse all or some cookies. If you disable or refuse cookies, please note that some parts of the App may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie Policy.

5. SHARING OF YOUR PERSONAL DATA

When you consent to providing us with your personal data, we will also ask you for your consent to share your personal data when required with the third parties set out below and for the purposes set out in the table (Title 4).

External Third Parties as set out in the GLOSSARY (Title 11)

Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

6. INTERNATIONAL TRANSFERS

Whenever we transfer your personal data out of the Kazakhstan, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.

Where we use certain service providers, we may use specific contracts approved by the Kazakhstan Commission which give personal data the same protection it has in the Kazakhstan.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of Kazakhstan.

7. DATA SECURITY

All information you provide to us is stored on our secure servers. Any payment transactions carried out by us or our chosen third-party provider of payment processing services will be encrypted using appropriate encryption technology. Where we have given you (or where you have chosen) a password that enables you to access certain parts of the App, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Once we have received your information, we will use strict and appropriate procedures and security features to try to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way.

Certain Services include social networking features. Ensure when using these features that you do not submit any personal data that you do not want to be seen, collected or used by other users.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator when we are legally required to do so.

8. DATA RETENTION

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

In some circumstances you can ask us to delete your data: see YOUR LEGAL RIGHTS (Title 9) below for further information.

In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

In the event that you do not use the App for a period of 12 months (or delete your account) then we will treat the account as expired and your personal data may be deleted.

9. YOUR LEGAL RIGHTS

Under certain circumstances you have the following rights under data protection laws in relation to your personal data. You may have the right to:

Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
1. if you want us to establish the data's accuracy;
1. where our use of the data is unlawful but you do not want us to erase it;
1. where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
1. you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

You also have the right to ask us not to continue to process your personal data for marketing purposes.

You can exercise any of these rights at any time by contacting us at support@spherum.io.

10. CALIFORNIA RESIDENTS

This section applies to our collection and use of personal data if you are a resident of California, as required by the California Consumer Privacy Act of 2018 and its implementing regulations (the "CCPA"). When we use the term personal data in the context of the CCPA, we mean information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California consumer or household (this is called "personal information" under the CCPA). Please note that the CCPA is experiencing further changes as part of the rulemaking activity process. As a result, please check back often as this section may change to comply with future CCPA requirements.

If you would like to receive a copy of this Section in an alternate format (e.g., printable) or language, please contact us using the information provided in Section 1 above.

A. Categories of Personal Data Collected, Used, and Shared

In accordance with California law, we may have collected and share the following categories of personal data within the past 12 months:

Categories of Personal Data Collected & Shared

Identifiers: Username, password and e-mail address.

Personal Information listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)): Username and e-mail address. Some personal data included in this category may overlap with other categories.

Internet or other similar network activity:

Device Data: Information about your hardware, includes information about your hardware, for example the model of the Device you use, your Device's operating system version, advertising identifiers, your carrier, your time zone within which your Device is located (country/city).

Usage Data: Information details of your use of our App including but not limited to login information, how you interact with our App, which SPHERUM™ Models and/or SPHERUM™ Experiences are your favourite, what Superpower(s) you apply, what tags you select, information about your sharing of SPHERUM™ Models and SPHERUM™ Experiences with other App users, number of SPHERUM™ Models you recorded/captured, the resources that you access on the App, whether this is required by us to improve the App and/or user experience, fix usability issues, dimension our infrastructure or otherwise.

Marketing and Communications Data: includes your communication/correspondence with us (via emails or otherwise). This information includes any interests, preferences, feedback or survey responses that you provide to us.

Audio, electronic, visual, thermal, olfactory, or similar information:

Content Data: Information about any video captured, recorded or otherwise made available by you within the App, including sound recordings and ambient noise embodied therein, the SPHERUM™ Model created from it (including sound recordings and ambient noise embodied therein) and the SPHERUM™ Model(s) shared with you (including sound recordings and ambient noise embodied therein) from other users within the App.

Geolocation Data: The time zone within which your Device is located (country/city).

We share each of these categories of personal data to our service providers to the extent necessary for them to facilitate our business purposes. We also share these personal data for the purposes set forth in Section 4 above. In the last 12 months, we have not knowingly sold any personal data of California consumers, nor do we have actual knowledge that we sold the personal data of California consumers under the age of 18 years old. The CCPA defines "sale" as: selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer's personal data to another business or third party for monetary or valuable consideration. If we do sell your personal data, we will notify you, and if you submit to us a verifiable consumer request we will disclose to you a list containing the categories of personal data that we sold in accordance with the CCPA's requirements.

B. Your California privacy rights

If you are a resident of California, you may have the following rights:

Privacy Right	Description
Notice	You may have the right to be notified of what categories of personal data will be collected at or before the point of collection and the purposes for which they will be used and shared.
Access	You may have the right to request the categories of personal data that we collected in the previous twelve (12) months, the categories of sources from which the personal data was collected, the specific pieces of personal data we have collected about you, and the business purposes for which such personal data is collected and shared. You may also have the right to request the categories of personal data which were disclosed for business purposes, and the categories of third parties in the twelve (12) months preceding your request for your personal data.
Data Portability	You may have the right to receive the personal data you have previously provided to us.
Erasure	You may have the right to request to have your personal data deleted, and request that we will direct our service providers to do the same. However, please be awar that we may not fulfill your request for deletion if we (or our service provider(s)) are required or permitted to retain your personal data for one or more of the following categories of purposes: (1) to complete a transaction for which the personal data was collected, provide a good or service requested by you, or complete a contract between us and you; (2) to ensure our App’s integrity, security, and functionality; (3) to comply with applicable law or a legal obligation, or exercise rights under the law (including free speech rights); or (4) to otherwise use your personal data, internally, in a lawful manner that is compatible with the context in which you provided the information.
To Opt Out	You may have the right to request to opt out of us selling your personal data.

If you would like to exercise your rights listed above, please send (or have your authorized agent send) an email to support@spherum.io

We must verify your identity before fulfilling your requests. If we cannot initially verify your identity, we may request additional information to complete the verification process. Any personal data you disclose to us for purposes of verifying your identity will solely be used for the purpose of verification.

We may deny certain requests, or only fulfil some in part, as permitted or required by law. For example, if you request to delete personal data, we may retain personal data that we need to retain for legal purposes (e.g., tax accounting). You have a right not to receive discriminatory treatment by any business when you exercise your California privacy rights. The CCPA gives California Consumers the right to lodge a complaint with the California Attorney General's office. The Attorney General's office may be contacted at https://oag.ca.gov/contact/consumer-complaint-against-business-or-company or by telephone at: (916) 210-6276.

11. GLOSSARY

LAWFUL BASIS

Consent means processing your personal data where you have signified your agreement by a statement or clear opt-in to processing for a specific purpose. Consent will only be valid if it is a freely given, specific, informed and unambiguous indication of what you want. You can withdraw your consent at any time by contacting us at support@spherum.io

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us at support@spherum.io.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

EXTERNAL THIRD PARTIES

Professional advisers including lawyers, bankers, auditors and insurers based in Kazakhstan (or elsewhere) who provide consultancy, banking, legal, insurance and accounting services.

The Kazakhstan Revenue, regulators and other authorities based in Kazakhstan (or elsewhere) who require reporting of processing activities in certain circumstances.

12. DESCRIPTION OF CATEGORIES OF PERSONAL DATA

Profile Data: includes your username and password.

Contact Data: includes your email address.

Device Data: includes information about your hardware, for example the model of the Device you use, your Device's operating system version, your carrier, your time zone within which your Device is located (country/city).

Content Data: any video or image captured, recorded or otherwise made available by you within the App, including sound recordings and ambient noise embodied therein, the SPHERUM™ Model created from it (including sound recordings and ambient noise embodied therein) and the SPHERUM™ Model(s) shared with you (including sound recordings and ambient noise embodied therein) from other users within the App.

Usage Data: includes details of your use of our App including but not limited to login information, how you interact with our App, which SPHERUM™ Models and/or SPHERUM™ Experiences are your favourite, what Superpower(s) you apply, what tags you select, information about your sharing of SPHERUM™ Models and SPHERUM™ Experiences with other App users, number of SPHERUM™ Models you recorded/captured, the resources that you access on the App, whether this is required by us to improve the App and/or user experience, fix usability issues, dimension our infrastructure or otherwise.

Marketing and Communications Data: includes your communication/correspondence with us (via emails or otherwise). This information includes any interests, preferences, feedback or survey responses that you provide to us.

Location Data: includes the time zone within which your Device is located (country/city).

CONTACTING US

Spherum LLP, Kazakhstan, Almaty, Zhambyl st. 55/57, suite 1, A05D6C3

support@spherum.io

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