Terms of use

These terms are between you and HeavenApps Inc. (“HeavenApps”, “we”, “us”), and govern your use of this website and of the PRISM capture app, web console and API (together, the “Service”). By using the Service you accept these terms. If you are accepting on behalf of an organisation, you confirm you have authority to bind it.

Where your organisation has signed a separate written agreement or order form with us, that agreement prevails over these terms to the extent of any conflict.

The Service is provided for business use. You must be able to form a binding contract to use it.

You are responsible for the accuracy of your account details, for keeping credentials and API keys confidential, and for all activity under your account. Administrators are responsible for the roles and access they grant. Tell us promptly at [email protected] if you suspect unauthorised access.

You agree not to:

• use the Service unlawfully, or to capture a space you have no right to capture;
• use it to conduct covert surveillance of individuals, or to monitor employees in a way that is unlawful where they work;
• attempt to gain unauthorised access to the Service or to another customer’s data;
• probe, scan or disrupt the integrity or performance of the Service;
• reverse engineer the Service, except to the extent that restriction is unenforceable by law;
• resell or provide the Service to a third party except as your agreement permits; or
• upload malicious code or content that infringes the rights of others.

We may suspend access where we reasonably believe this section has been breached or where continued access poses a security risk.

You keep ownership of everything you capture and upload, including scans, the reconstructions derived from them, findings and any metadata (“Customer Content”). We claim no ownership of it.

You grant us a limited, non-exclusive licence to host, process, transmit, reconstruct and analyse Customer Content only as needed to provide and support the Service, and to comply with the law. We do not use Customer Content to train models for other customers, and we do not publish it. Where we would like to use a capture as a public example, we will ask for written permission first.

You decide what to scan. You are responsible for having the right to capture each space, for obtaining any permission the site owner or occupier requires, and for complying with the laws that apply to recording in that place.

A capture is a video walk, so it can record people who are present. You are responsible for the notices, signage, consents, employee consultation and any other steps required where you operate, and for handling the resulting personal data as its controller. Our privacy policy explains that split.

PRISM applies computer vision to captured footage and reports what it detects, with a location and the frames that evidence it. Detection is probabilistic. It can miss things that are present, report things that are not, and its quality depends on the model applied, the lighting, the occlusion in the space and the coverage of the walk.

Findings are an input to a qualified person’s judgement. They are not an inspection, a certification, a safety sign-off, or a determination that any site complies with any legal or regulatory requirement, and they do not replace an inspection required by law or by your insurer. You remain responsible for your own compliance obligations and for the decisions you take.

We publish no accuracy figures and make no accuracy commitment except where one is stated in a signed agreement.

The Service, the PRISM and HeavenApps names and logos, and all software, documentation and site content are owned by us or our licensors and are protected by intellectual property law. Subject to these terms we grant you a non-exclusive, non-transferable right to use the Service during your subscription. No other rights are granted.

If you send us feedback or suggestions, we may use them without obligation or payment to you.

The Service can be configured to send frames to a recognition service, which may be operated by you or by a third party you nominate. We are not responsible for services we do not operate, and your use of them is governed by their own terms.

We aim to keep the Service available, but we do not commit to any uptime level unless a service level agreement is stated in a signed agreement. Maintenance, updates and interruptions happen.

We may change, add or remove features. Where a change materially reduces core functionality you rely on, we will give reasonable notice.

Where the Service is provided under a paid plan, fees, billing frequency and payment terms are set out in your order form. Fees are non-refundable except as required by law or as that order form provides. Taxes are your responsibility unless stated otherwise.

To the fullest extent permitted by law, the Service is provided “as is” and “as available”, and we disclaim all implied warranties, including merchantability, fitness for a particular purpose, non-infringement, and any warranty that the Service will be uninterrupted, error-free, or that findings will be complete or accurate.

Nothing in these terms excludes liability that cannot lawfully be excluded, including for death or personal injury caused by negligence, or for fraud.

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special or consequential loss, or for lost profits, revenue, goodwill or data, however caused.

Our total aggregate liability arising out of or relating to the Service is limited to the fees you paid us in the twelve months before the event giving rise to the claim.

You will indemnify us against claims, losses and reasonable costs arising from your Customer Content, from your breach of these terms, or from your capture of a space in breach of section 5.

These terms apply while you use the Service. Either party may terminate for material breach that is not cured within 30 days of written notice. We may suspend access immediately where required for security or by law.

On termination your right to use the Service ends. You may export your Customer Content before termination takes effect, and we will delete or return it in accordance with your agreement and our privacy policy. Clauses that by their nature should survive will survive.

We may update these terms. The effective date at the top of this page shows when they last changed, and we will give reasonable notice of material changes. Continuing to use the Service after a change takes effect means you accept the updated terms.

These terms are governed by the laws of the State of Delaware, USA, without regard to conflict of law rules. The state and federal courts located in Delaware have exclusive jurisdiction, except that either party may seek injunctive relief in any competent court to protect its intellectual property or confidential information.

These terms, together with any signed agreement and our privacy policy, are the entire agreement between us on this subject. If a provision is held unenforceable, the rest continues in force. A failure to enforce a right is not a waiver of it. You may not assign these terms without our written consent; we may assign them to an affiliate or in connection with a merger or sale of assets. Nothing here creates a partnership, agency or employment relationship.

Questions about these terms: [email protected].