Space Recorder is licensed to You (End-User) by Data Time Space Inc., a Delaware corporation with its principal office at 130 Bishop Allen Dr, 5th floor, Cambridge, Massachusetts 02139, United States ("Licensor"), for use only under the terms of this License Agreement.
By downloading the Licensed Application from Apple's software distribution platform ("App Store"), and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. App Store is referred to in this License Agreement as "Services."
The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. Data Time Space Inc., not the Services, is solely responsible for the Licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions ("Usage Rules"). Data Time Space Inc. acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.
Space Recorder when purchased or downloaded through the Services, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. Space Recorder is to be used on devices that operate with Apple's operating systems ("iOS", “iPadOS” and "Mac OS").
5. USE OF DATA
6. USER-GENERATED CONTRIBUTIONS
8. LIABILITY
9. WARRANTY
10. PRODUCT CLAIMS
11. LEGAL COMPLIANCE
13. TERMINATION
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
15. INTELLECTUAL PROPERTY RIGHTS
16. APPLICABLE LAW
17. MISCELLANEOUS
The Licensed Application is intended solely for enterprise and organizational customers and is not offered for individual consumer use. Access to the Licensed Application and the associated Data Time Spatial AI cloud service (“Cloud Service”) is restricted to authorized enterprise users with an active business relationship with Data Time Space Inc. The Licensed Application does not offer in-app purchases, consumer subscriptions, or individual sign-up or purchase options via the App Store.
Space Recorder (“Licensed Application”) is a piece of software created to digitize physical environments by capturing spatial video, collecting human motion data, and recording 3D spatial information. The application is designed primarily for industrial and organizational use, supporting multi-user collaboration, spatial analytics, and remote teamwork. Data collected through Space Recorder is securely uploaded to the Cloud Service. Authorized users can then access this data for analysis, visualization, and integration into spatial AI applications. The application is customized for use on iOS mobile devices (“Devices”). It is used to digitize physical environments by capturing spatial video and human motion data, enabling comprehensive spatial analytics, workflow optimization, and remote collaboration in manufacturing and industrial settings.
The Licensed Application operates only in conjunction with the Cloud Service. Use of the Licensed Application requires an active account with the Cloud Service and an internet connection. Without a valid login to the Cloud Service, the Licensed Application is not functional. The Licensed Application acts as a client to the Cloud Service, and most features, including storage, processing, and data analysis, are performed in the Cloud Service.
Use of the Licensed Application is governed by, and subject to, Data Time Space Inc.’s Terms of Service, which are hereby incorporated by reference and available at https://datatime.space/terms-of-service.html.
The Licensed Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Licensed Application. You may not use the Licensed Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules. The Licensed Application is intended solely for authorized enterprise and organizational users and is not offered for Family Sharing or individual consumer use.
2.2 This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.
2.3 You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with Data Time Space Inc.'s prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with Data Time Space Inc.'s prior written consent).
2.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.
2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of licensing.
2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.
2.9 Use of the Licensed Application requires a valid user account and login to the Data Time Space Inc. Cloud Service. Each user account must be unique to a single person and may not be shared among multiple individuals. Access to the full features of the Licensed Application is only available while connected to the Cloud Service.
2.10 Use of the Licensed Application and the associated Cloud Service is subject to Data Time Space Inc.’s Terms of Service, available at https://datatime.space/terms-of-service.html. By using the Licensed Application, you agree to comply with both this End User License Agreement and the Terms of Service.
3.1 The Licensed Application is only supported on Apple iPhone Pro and iPad Pro devices equipped with a LiDAR sensor and requires a firmware version 18.5 or higher. Licensor recommends using the latest version of the firmware.
3.2 Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the firmware and new hardware. Users may upgrade their devices and firmware; however, updates to ensure compatibility with new hardware or firmware are provided at the discretion of the Licensor. You are not granted rights to claim or demand such an update.
3.3 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.
3.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4.1 The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the App Store Overview for this Licensed Application.
4.2 Data Time Space Inc. and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
You acknowledge that Licensor will be able to access and adjust Your downloaded Licensed Application content and Your personal information, and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy: https://datatime.space/privacy-policy.html.
You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.
6.1 The Licensed Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions").
6.2 Contributions made in public or shared areas (such as forums, chat, or message boards) may be viewable by other users of the Licensed Application and through third-party websites or applications. As such, any Contributions you transmit in these public or shared areas may be treated as non-confidential and non-proprietary. You are solely responsible for any Contributions you choose to make available in these areas. Do not post confidential or proprietary information in public or shared spaces.
6.3 Any data, content, or information you record, upload, or process through the Licensed Application as part of your organization’s private use of the platform (“Customer Data”) is treated as confidential and is only accessible to you, your organization, or other users authorized by your organization. Customer Data remains the property of you and/or your organization. Data Time Space Inc. does not access, use, or disclose Customer Data except as required to provide, maintain, or support the Licensed Application and the underlying cloud platform, as required by law, or as explicitly authorized by you or your organization through the platform’s access controls. Customer Data is not shared with other customers, users, or third parties without your explicit permission.
6.4 When you create or make available any Contributions, you thereby represent and warrant that:
6.5 You represent and warrant that you have all necessary rights, consents, and permissions to upload, record, or share any Customer Data or Contributions, and that such data does not infringe any third-party rights or violate any applicable law.
6.6 Data Time Space Inc. reserves the right to moderate, remove, or restrict access to Contributions that violate this Agreement or applicable law.
Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.
7.1 This section applies only to “Contributions” made in public or shared areas of the Licensed Application, such as forums, blogs, or other interactive features, and does not apply to Customer Data or content uploaded, recorded, or processed for your private organizational use (“Customer Data”). Customer Data remains confidential and subject to the terms in Section 6.
7.2 By posting your Contributions in public or shared areas of the Licensed Application , you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to recategorize any Contributions to place them in more appropriate locations in the Licensed Application; and (3) to prescreen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
8.1 Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health. In no event shall Data Time Space Inc. be liable for any indirect, incidental, consequential, special, or economic damages, including but not limited to claims for lost business productivity, lost profits, business interruption, or loss of business information, arising out of the use of or inability to use the Licensed Application. Notwithstanding anything to the contrary contained herein, Licensor’s liability to you for any cause whatsoever and regardless of the form of the action will at all times be limited to the lesser of the amount paid, if any, by you to Data Time Space Inc. during the six (6) month period prior to any cause of action arising or $25,000.00 USD.
8.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this License Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application.
8.3 Licensor takes no accountability and responsibility in case of any accidents, injuries, or damages that occur in connection with the use or misuse of the application, including situations where users fail to follow workplace safety procedures or local regulations. Users acknowledge that they must only use the application in safe environments and must maintain full awareness of their surroundings at all times. Users are solely responsible for complying with all applicable safety rules and for ensuring that the application is not used in any manner that puts themselves or others at risk, including circumstances where their attention may be diverted from workplace hazards. The application is not a safety device and should not be relied upon for any safety-related purpose. The Company cannot be held liable under any circumstances for accidents, injuries, damages, or losses related to the use of the application.
8.4 Licensor takes no accountability and responsibility in case of any consequences, injuries, damages, or losses that result from decisions, workplace changes, or process adjustments made based on suggestions, recommendations, analytics, or insights provided by the application. All actions taken in response to information from the application are solely the responsibility of the user or customer organization. The application is intended only to assist with data collection and analysis and does not replace professional judgment, workplace supervision, or safety evaluations. The Company cannot be held liable for any outcomes related to the implementation of information, suggestions, or recommendations provided by the application.
9.1 The Licensed Application is provided “AS IS” and “AS AVAILABLE,” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Licensor has used commercially reasonable efforts to ensure that the Licensed Application does not contain viruses, spyware, trojan horses, or other malicious code at the time of download, but does not warrant that the Licensed Application is error-free or free from vulnerabilities.
9.2 No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Data Time Space Inc.'s sphere of influence that affect the executability of the Licensed Application.
9.3 You are required to inspect the Licensed Application immediately after installing it and notify Data Time Space Inc. about issues discovered without delay by email provided in Contact Information. The defect report will be taken into consideration and further investigated if it has been emailed within a period of seven (7) days after discovery.
9.4 If we confirm that the Licensed Application is defective, Data Time Space Inc. reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
9.5 In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Services Store Operator, and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.
9.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
For clarity, and as set forth in Section 8 (Liability), in no event shall Data Time Space Inc. be liable for any indirect, incidental, consequential, special, or economic damages, including but not limited to claims for lost business productivity, lost profits, business interruption, or loss of business information, arising out of the use of or inability to use the Licensed Application.
Data Time Space Inc. and the End-User acknowledge that Data Time Space Inc., and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to:
You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and that You are not listed on any US Government list of prohibited or restricted parties.
For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:
Data Time Space Inc.
130 Bishop Allen Dr
5th floor
Cambridge, MA 02139
United States
support@datatime.space
The license is valid until terminated by Data Time Space Inc. or by You. This License Agreement will also terminate automatically if your subscription period expires and is not renewed. In such case, you may retain the installed Licensed Application on your device, but you will not be able to access or use the Licensed Application without an active subscription and valid login credentials. Your rights under this license will terminate automatically and without notice from Data Time Space Inc. if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
Data Time Space Inc. represents and warrants that Data Time Space Inc. will comply with applicable third-party terms of agreement when using Licensed Application.
In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," Apple's subsidiaries shall be third-party beneficiaries of this End User License Agreement and upon Your acceptance of the terms and conditions of this License Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
All right, title, and interest in and to the Licensed Application, including but not limited to all software, source code, updates, upgrades, enhancements, modifications, and improvements, as well as all related documentation and intellectual property rights, are and shall remain the exclusive property of Data Time Space Inc.
Data Time Space Inc. and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes on the third party's intellectual property rights, Data Time Space Inc., and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.
This License Agreement is governed by the laws of the State of Delaware excluding its conflicts of law rules.
17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
17.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.
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