Terms of Use

Last update: October, 2023

SCOPE AND ACCEPTANCE

These terms of use and user license (hereinafter ‘ToU’) apply to any individual (hereinafter the ‘User’ or ‘You’) using the Application ‘UNISTELLAR’, (hereinafter the ‘Application’), which makes it possible to use and configure the telescope sold by UNISTELLAR (hereinafter the ‘Telescope’). Please read these ToU carefully before using the Application.

By Application, it should be understood ‘Mobile Application’ and ‘Web Application’, as the user account is used to connect to both.

These ToU must be accepted when installing the Application on Your device, by ticking the box provided for that purpose and clicking on ‘Confirm.’ You must accept the ToU if You wish to use the Application’s features. If you do not accept the ToU, you are requested to renounce any use of the Application.

These ToU are liable to change each time the Application is updated or at any moment for any reason whatsoever.

Users will be informed of the modification of the present ToU on the application. The updated ToU will be available on the application. The modified ToU will be effective as of their publication. Continuing your use of the Service following such publication shall constitute acceptance of the new version of the ToU.

DESCRIPTION OF THE APPLICATION

Explore the night sky: Through the application, the light-amplified telescope allows you to rediscover the wonders of the universe, live. Thanks to the application and the telescope, you can enjoy a unique observing experience and explore the night sky: choose an object – galaxy, nebula or star – on the application and observe it live. The Telescope takes care of the detection and tracking of your target. The application also adapts to your observation area (city vs. countryside, altitude, etc.).

IDENTIFICATION AND CREDITS

The Application is published and owned by UNISTELLAR, a simplified joint stock company with a share capital of 30,574 euros, registered in the Marseille Trade and Companies Register under number 812 339 356, whose registered office is located at 5, Allée Marcel Leclerc

13008 Marseille and which is represented by its President, Mr Arnaud Malvache (hereinafter referred to as ‘UNISTELLAR’).

USING THE APPLICATION

Setup of Application

In order to use the full range of features of the application, you need to link the Application with your Telescope.

To download the Application, you must verify that your equipment and Internet connection comply with the conditions of the services.

In order to stay up to date with the minimum configuration required to have the best experience when using the Application, you are invited to consult our FAQS on our website, www.unistellar.com.

Compliance with statutory regulations

You agree to use the Application in accordance with the ToU and applicable law.

In particular, you must not under any circumstances:

Use our Application in an illegal or fraudulent manner or with that intention
Use our Application to impersonate any person in order to collect personally identifiable information
Use our application to transmit any data or edit any data on our Application that contains viruses, Trojan horses, spyware or any other programs that may cause damage:
Carry out illegal or fraudulent activities or harm the rights or the safety of third parties.
Violate a public policy or statutory regulations.
Assist or encourage one or more of the above-mentioned acts or activities, in any form or in any way whatsoever.

Or more generally, carry out any practice that uses the Application for purposes other than those for which it has been designed.

SUPPORT AND MAINTENANCE

Support

You may ask UNISTELLAR to provide support with the Application by sending an email to support@unistellaroptics.com or by opening an incident ticket on our Website: https://help.unistellar.com/hc/en-us/requests/new.

UNISTELLAR will do its utmost to respond to the request as soon as possible, without however being under any obligation, since the Application is provided ‘as is’, which You acknowledge and accept.

Maintenance

You may download free updates of the Application via the dedicated Application (Google Play or Apple Store), although UNISTELLAR is not obliged to provide such updates.

The updates will either be to correct bugs or improve the Application by adding, deleting or adapting the features or the interface.

You acknowledge and accept that these updates are subject to these ToU and no claim may be made regarding any modification to the Application.

We reserve the right, at our discretion, to correct any errors or omissions in any portion of the Application at any time and to make any changes to the services, features, or content of the Application.

GUARANTEES

YOU USE THE APPLICATION AT YOUR OWN RISK AND ACKNOWLEDGE AND ACCEPT THAT THE APPLICATION AND THE DOCUMENTATION ARE PROVIDED ‘AS IS’ WITHOUT ANY OTHER GUARANTEE THAN THE LEGAL GUARANTEE OF CONFORMITY.

WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE APPLICATION, INCLUDING THE IMPLIED WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT GUARANTEE THE ABSENCE OF ERRORS OR DEFECTS.

YOU WILL NOT HOLD US LIABLE FOR ANY DAMAGES THAT MAY RESULT FROM YOUR ACCESS TO THE APPLICATION.

NEVERTHELESS, UNISTELLAR GUARANTEES THAT THE APPLICATION IS COMPATIBLE WITH THE TELESCOPE, ITS USE, AND THE SPECIFICATIONS OF THE DOCUMENTATION PROVIDED.

UNISTELLAR does not promise that the Application or any content, service or feature of the Application will be error-free or uninterrupted, that any defects will be corrected, or that your use of the site will provide specific results. The site and its content are delivered on an ‘as is’ and ‘as available’ basis. The company cannot ensure that any files or other data you download from the site will be free of viruses, contamination or destructive features.

USER LICENSE

Scope of rights granted

UNISTELLAR grants a free, non-exclusive, personal, non-transferable license to use the Application to You, the User, which you accept, for the useful life of the Application and in any territory worldwide (hereinafter, the ‘License’), such that You can access and use its features.

The Application may become available on several devices (tablets or smartphones).

Restrictions

You will expressly refrain from any other use or exploitation of the Application, including:

Retrieving the Application by another means than by downloading it from the official platforms (Google Play and Apple Store);
Making any copy of all or part of the Application or its features;
Permanently or temporarily reproducing all or part of the Application provided, by any means, including when loading, displaying, running or storing the Application;
Practising reverse engineering, decompiling or disassembling the Application or its features;
Modifying, damaging, adapting or making any changes of any kind whatsoever to the layout or content of the Application or the features, brand, trade name, logos, etc. on the Application;
Deleting the identification and ownership references of the Application, including the names of contributors;
Translating, adapting, rearranging or modifying all or part of the Application, exporting it or merging it with other IT applications;
Renting or loaning the Application or using it in order to share or make it available to a third party.
Publishing any test, performance analysis or assessment related to the Application without UNISTELLAR’s prior, written consent.

INTELLECTUAL PROPERTY

Respecting UNISTELLAR’s intellectual property rights

All of the Application’s graphical elements, such as information, text, images, copyrights, trademarks, photographs, videos, sounds, and logos, as well as any IT applications disseminated by UNISTELLAR on the Application, are protected by current intellectual property law. They may, under no circumstances, be used, reproduced, imitated, or adapted without the prior written permission of UNISTELLAR.

If You do not comply with these provisions, UNISTELLAR may initiate civil and/or criminal proceedings against You for infringement.

In addition to what is mentioned herein, You acknowledge and accept that providing access to the Application does not entail transferring or granting You any intellectual property rights (including trademark rights and copyrights).

The User shall undertake to respect all of the intellectual property rights held by Unistellar.

To this end, and unless otherwise provided in these Terms, Users are expressly forbidden to:

Sell, publish, display, disclose or make available to any third party the Application content made available by Unistellar;
Perform reverse engineering on the Application content or decompile or disassemble it, except as expressly authorized by law;
Use or copy the Application content in any manner which is not expressly authorized by Unistellar;
Lease or lend the Application content or use it with the objective of sharing it or making it available to third parties hereto;
Access the source codes of the software characterizing the Application

Intellectual property compliance of third parties

The Application complies with the intellectual property rights of third parties.

UNISTELLAR guarantees that it is the holder of the intellectual property rights enabling it to enter into this ToU and that doing so is not likely to infringe on the rights of third parties. It also guarantees that the Application is entirely original and does not, either partially or fully, constitute either infringement or unfair competition.

You undertake to immediately report to UNISTELLAR any infringement of intellectual property rights pertaining to the Application which You may become aware of, after which UNISTELLAR is then free to take any measure it deems necessary.

USER CONTENT

The Telescope provides detailed observation of astronomical objects such as planets, asteroids, galaxies, etc. When using it, the Telescope also provides scientific information and associated geolocation, ‘Raw Data’, by exploring the night sky.

The Telescope also allows users to capture images (Images’) when observing the sky.

Images taken by the User include different elements:

Raw data and information about the photographed content, such as scientific information and associated geolocation (‘Raw Data’). Raw Data are recorded on the telescope storage.
The pictures processed and handled by the User (‘Content’). Content is recorded on the Application and your phone’s Gallery.

Raw Data and Content form a single unit, the Image.

The Image is recorded using geolocation data which are stored in the form of metadata.

You can proceed with various operations with the Image taken by you:

You can save the Image: The Image will be saved in the phone’s gallery and in the Application.
You can share the Image with your contacts. This operation is done using the mobile device’s usual sharing process.
You can share the Raw Data of the Image with Unistellar by choosing the option to ‘Upload’ onto the Application. These data will not be shared automatically with us. You must give your express consent by selecting the relevant operation. Please note that you need Internet or a Wi-Fi connection to do so.

What happens when you choose to ‘Upload’:

– Raw data: By Uploading, You are sharing Raw Data with Unistellar and helping the scientific community to build a database and improve research projects. As it is raw data, there are no intellectual property rights attached to this type of information.

You acknowledge that you have no rights to the Raw Data and that Unistellar is free to use and dispose of the Raw Data at its convenience and carry out various projects, such as research projects, the development of databases or improvements to its products or services, which may lead to results that are likely to be protected by intellectual property rights of which Unistellar will have sole ownership. By making such a transfer, you give your consent for Unistellar to process the data associated with this transter in accordance with the Privacy Policy.

– Content: Unistellar does not receive the Content processed by You, only aggregated information allowing new processing by Unistellar. Unistellar does not own any proprietary rights in the Content.

In the event that the Image qualifies as an intellectual work, You retain sole ownership of any intellectual property rights applicable to this Image.

PERSONAL DATA

We process personal data only when necessary and always for the purpose of providing you with the service offered by the Application.

Our Privacy Policy, which details our processing of your personal data, applies to any personal data you may provide in the course of using the Application. Please consult our Privacy Policy to learn more about this subject.

TERM AND TERMINATION OF THE AGREEMENT

These ToU take effect as soon as You accept them and remain in effect for as long as You access and use the Application.

UNISTELLAR may terminate this agreement at any time and without notice if You are in breach of any of the provisions in this Agreement, without prejudice to any damages that UNISTELLAR may claim subsequent to said breach.

In the event of termination, You must immediately cease to use the Application and uninstall the Application.

MISCELLANEOUS

If any one of the stipulations in this Agreement is partially or fully cancelled, the validity of other stipulations shall not be affected.

It is expressly agreed that any tolerance or waiver by UNISTELLAR in applying all or part of the obligations under these ToU, whatever the frequency and duration, shall not amount to an amendment of the ToU, nor generate any right.

APPLICABLE LAW AND DISPUTES

All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of France.

All disputes arising out of or relating to these Terms that cannot be resolved amicably between the Parties may be brought before a court of competent jurisdiction.

In accordance with Article L. 612-1 of the French Consumer Code, the consumer, subject to Article L.612.2 of the French Consumer Code, has the right to request an amicable resolution by mediation, within a period of less than one year from the date of their written complaint to the professional.

Unistellar has designated, by membership registered under number 50881/VM/2304, the SAS Médiation Solution as its body for mediation of consumer disputes.

To refer the case to the mediator, the consumer must submit their request:

– Either in writing to:

SAS Médiation Solution

222 chemin de la bergerie

01800 Saint Jean de Niost

Tel. +33 (0)4 82 53 93 06

Or by e-mail to: contact@sasmediationsolution-conso.fr
Or by filling in the online form entitled ‘Saisir le médiateur’ on the website https:// http://www.sasmediationsolution-conso.fr

Regardless of the way the application is submitted, the request must imperatively contain:

The postal address, telephone number and email address of the applicant,
The name, address and registration number of the professional concerned,
A brief statement of the facts. The consumer shall specify to the mediator what they expect from this mediation and why,
A copy of the prior complaint,
All documents needed to examine the request (purchase order, invoice, proof of payment, etc.)

Before filing a request for mediation, you must first send your complaint directly to Unistellar in writing at support@unistellaroptics.com or to the address of our head office.

CONTACT

For any information concerning these ToU, You may contact UNISTELLAR by email at the following address: support@unistellaroptics.com