TERMS OF USE
USER LICENSE


SCOPE - ACCEPTANCE
These terms of use and user license (hereinafter, ‘ToU’) apply to any natural person (hereinafter the ‘User’ or ‘You’) using the Application whose name starts by ‘UNISTELLAR’, hereinafter the ‘Application’) which makes it possible to use and configure the telescope sold by UNISTELLAR (hereinafter, the eVscope’).
These ToU must be accepted when installing the Application on Your terminal or each time there is a change of User, by ticking the box provided for that purpose and by clicking on ‘confirm.’
You must accept the ToU if You wish to use the Application’s features.
These ToU are likely to change each time the Application is updated or at any moment for any reason whatsoever. 
IDENTIFICATION - CREDITS
The Application is published and owned by UNISTELLAR, a simplified joint stock company with a share capital of 24,440 euros, registered at the Marseille Trade and Companies Register under number 812 339 356; Its registered office is located at 19 rue Vacon, 13001 Marseille,
It is represented by its President, Mr Arnaud MALVACHE, who is duly authorised for the purposes of these ToU, (hereinafter referred to as ‘UNISTELLAR’).

USING THE APPLICATION
Security – password
You may not disclose Your connection settings for Your User Account As such, You are reminded that the User connection settings for the connection of the User to the Application as well as the connexion between the application and the eVscope, are strictly personal. 
You are responsible for any use, whether or not You have expressly authorised such use.   You are prohibited from transferring, lending or transferring Your connection settings to any third party or allowing any third party to connect to Your Account.
Minimum configuration required
Devices from the Apple Brand

Operating system: iOS 12 or higher
Required: GNSS system (GPS, GLONASS, Galileo...), wifi (IEE 802.11g)

Devices working on Android
CPU: ARM v7a (32bits) or ARM v8 (64bits)
Operating Systems Android 6.0 (API 23) or higher
Required: GNSS system (GPS, GLONASS, Galileo...), wifi (IEE 802.11g)

Unistellar reserves the right to modify the minimum configurations required at any moment. It will be possible to keep an older version of the Application if your phone does not support the new minimum configuration required. 

Compliance with statutory regulations
You are strictly forbidden to use the Application for the following purposes: 
Exercising illegal or fraudulent activities, or harming the rights or the safety of third parties. 
Violating a public policy or a statutory regulations. 
Assisting or encouraging one or more of the above-mentioned acts or activities, in any form and in any way whatsoever.  
And more generally, 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 for the Application by sending an email to support@unistellaroptics, or by opening an ‘incident ticket’ on a dedicated tool. 
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. 
GUARANTEES
YOU USE THE APPLICATION AT YOUR OWN RISK AND ACKNOWLEDGE AND ACCEPT THAT THE APPLICATION OR THE DOCUMENTATION IS PROVIDED ‘AS IS’ WITHOUT ANY OTHER GUARANTEE THAN THE LEGAL GUARANTEE OF CONFORMITY.  
NEVERTHELESS, UNISTEALLAR GUARANTEES THAT THE APPLICATION IS COMPATIBLE WITH THE TELESCOPE, CONFORMS WITH ITS USE AND THE SPECIFICATIONS OF THE DOCUMENTATION PROVIDED.
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) and can accept multiple users. 
The Application becomes multi-user as soon as each User has read and accepted these ToU.  Nevertheless, only a User authorised by You, as the Beneficiary of this Application licence may use the Application.
You are expressly authorised to upload the Application on a social media in order to share the content and the connection needed for eVscope to operate correctly.
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 and its features;
Permanently or temporarily reproducing all or part of the Application provided, by any and all means, including when loading, displaying, running or storing the Application;
Practising reverse engineering, decompiling or disassembling the Application and its features;
Modifying, damaging, adapting or making any changes of any kind whatsoever to the presentation and content of the Application and its features, brand, trade name, logos, etc., affixed on the Application, or its presentation; 
Deleting the identification and ownership references of the Application, including the names of contributors;
Translating, adapting, arranging or modifying all or part of the Application, exporting or merging it with other IT applications; 
Renting, loaning or using the Application in order to share or make it available to a third party who is not an authorised user, in the context of shared time or a toll processing centre.
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 the graphical elements such as the information, text, images, copyrights, trademarks, photographs, videos, sounds, 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 a civil and/or criminal proceedings against You for infringement.  
In addition to what is mentioned herein, You acknowledge and accept that having access to the Application does not entail transferring or granting You any intellectual property rights (including trademark rights and copyrights. 
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 License and that this license is not likely to infringe 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 the Application which You may become aware of, after which, UNISTELLAR is then free to take any measure it deems necessary.
Transferring copyrights to You
The eVscope provides detailed observation of astronomical objects such as planets, asteroids and galaxies, etc.
The eVscioe also allows users to capture images when observing the sky and send them via the Application in order to save or share them.  These images are recorded using geolocation data which are stored in the form of metadata.
The Application notably sends the images and the associated geolocation data to UNISTELLAR so that it can build a database and improve its product and services. 
UNISTELLAR does not intend to use the images for commercial purposes or for public performances.  The images are mainly used for scientific purposes by extracting raw data for analysis.  This raw data and metadata, including geolocation data and the results of the analyses, may be used for commercial purposes.  
In the event that one of the images may be qualified as an intellectual work (hereinafter ‘the Work’ or the ‘Works’) within the meaning of the French intellectual property code, giving rise to copyrights, You accept to assign these patrimonial rights to UNISTELLAR under the conditions set out below. 
Content of the assignment
You assign, on an exclusive basis, all the patrimonial rights to exploit, reproduce, perform, adapt the images as set out in the provisions of the Intellectual Property Code (Art. L. 122-1 et seq.) related the Works to UNISTELLAR, 
This assignment is granted for any method of exploitation and notably includes: 
The right to reproduce or have the Works reproduced without limitation in number, in full or in part, by any method or process, on any medium and on any material, both current or future, known or unknown, and notably on paper or a derivative format, using plastic or on digital, magnetic, electronic or computer media 
The right to extract raw data from these Works, data which is not imprinted with the Your personality as author, and to make any use of it for its own purposes, notably to arrange them in a database belonging to UNISTELLAR or provide it to third parties.
The right to assign all or part of these assigned rights.
You assign the copyrights needed to produce and derivative work using all or part of the Works to UNISTELLAR.
Territory and term
The assignment is granted for any country or territory worldwide.
The assignment is granted for the entire legal term of copyrights.
Conditions
This assignment is granted as soon as You voluntarily transfer the Work to UNISTELLER through the Application. 
This assignment is granted to UNISTELLAR free of charge. 
PERSONAL DATA
Your Personal Data 
UNISTELLAR is concerned about protecting Users’ Personal Data As controller, it undertakes to protect such data at all times, in accordance with the regulations applicable to personal data protection and in particular Regulation (EU) No. 2016/679 of 27 April 2016 known as the ‘General Data Protection Regulation’ or ‘GDPR’ and Act No. 78-17 of 6 January 1978 as amended, known as the "Computer and Freedom Act" as amended.

The purposes of processing personal data processing
You acknowledge and accept that Your Personal Data collected by UNISTELLAR in order to fulfil the ToU is necessary to create Your Account, to access and use the Application as well as to meet Your needs with respect to the Application, and to provide support and maintenance for the Application. This Personal Data may also be processed for statistical purposes to improve the performance and functionality of the Application.  Such data is strictly confidential and will be only be used by UNISTELLAR.

More particularly, the geolocation data attached to images or collected by other means, may be sent to third parties, with or without payment, it being specified that such data shall be rendered anonymous before any such transfer. Under no circumstances may the geolocation data be used to identify or locate specific persons, to create statistics on a particular User or to generate sales leads, whether personalised or not.   In other words, the geolocation date is only used to the extent that it is connected to the other raw data extracted from the images for analytical and scientific purposes in relation to the astronomical objects observed. 

Collected Personal Data
UNISTELLAR collects the following personal data from Users:
Email address
Any information provided in the free comment field
“Explorer” Browsing history  
IP address
Geolocation data

Storage period for personal data
Your personal data collected through the Application is stored for one (1) year.  

Beyond the above-mentioned storage period, personal data is archived by UNISTELLAR in a secure environment for the statutory limitation period as proof to establish, exercise or defend a legal right.

Recipients of Your personal data
Unless legally or judicially required to do so, UNISTELLAR undertakes not to disclose, transfer, rent or send Your Personal Data to third parties other than the web host of the data collected by the Application, Amazon Web Services EMEA SARL 38 avenue John F. Kennedy, L-1855 Luxembourg, and to data centres located in Northern Virginia, USA, which acts as a data processor for UNISTELLAR within the meaning of the regulations applicable to personal data protection, in accordance with the agreement between them and which may not derogate from this article. 

It is specified that AMAZON WEB SERVICES has been certified as being compliant with the European Regulation on personal data protection under the agreement known as a ‘Privacy Shield.’ The data processor’s certificate can be found here: https://www.privacyshield.gov/participant?id=a2zt0000000TOWQAA4.

Security measures implemented

UNISTELLAR undertakes to take any useful precaution with respect to the nature of Your personal data and the processing risks in order to provide both security and confidentiality and notably prevent it being destroyed, lost, damaged or disclosed and preventing any unauthorised access to such data. 

Your Personal Data shall be stored as long as Your Account is active and You use the Application.  It will then be archived, in a secure environment in compliance with the requirements of the applicable personal data protection Regulation for the statutory period for the purposes of proof when establishing, exercising, or defending a legal right. 

Social media

The Application uses the following social media plug-ins, which You expressly acknowledge and accept: 
Facebook®, operated by Facebook Inc. whose head office is located at 1601 S. California Ave, Palo Alto, CA 94304, United States;
Twitter®, operated by Twitter Inc., whose head office is located at 1355 Market Street, Suite 900, San Francisco, CA 94103, USA;
Linkedin®, operated by Microsoft Inc., whose head office is located at 599 N Mathilda Avenue, Sunnyvale, USA; 
Instagram®, operated by Facebook Inc. whose head office is located at 1601 S. California Ave, Palo Alto, CA 94304, United States.

When You interact using these plug-ins, your system connects directly to the servers of the corresponding social media site.  The content of the plug-in is then immediately transmitted by Your Application to the social media site and saved on its servers.  By integrating these plug-ins, the social media site is informed that You have used the Application.  It can therefore associate using the Application with Your user account for this social media site, if applicable.  If You are not a member of the social media site, it may nevertheless be possible that it collects and store your IP address. 

In any event, UNISTELLAR has no control over the exact content of the data collected. The use of plug-ins is exclusively carried out by the respective social media sites and governed by their terms of use.

Your rights for Your personal data

You are entitled to access, rectify, restrict and obtain a portable copy of Your personal data. You also have the right to file a complaint to a public personal data protection body in accordance with the regulations in force in Your country of residence (e.g., CNIL - Commission Nationale de l'Informatique in France), if You consider that UNISTELLAR’s processing constitutes a violation of Your Personal Data.

More specifically, at any time, You have the following rights with respect to Your personal data: 

Right of access:  obtain confirmation that Your personal data has been processed and receive a certain amount of information on the processing, however, please note that this information is in any case provided in these ToU; 
Right of rectification: You are able to rectify Your personal data when it is inaccurate or incomplete; 
Right to erasure (‘right to be forgotten’): You may demand that Your personal data is erased when it is no longer needed for the purposes for which it was collected or when You object to Your personal data being processed. You acknowledge and accept that You are not entitled to this right when you subscribe to the services offered by this Application, since your personal data is necessary to UNISTELLAR in order to manage requests and provide the subscribed services, in accordance with UNISTELLAR’s Terms of Sale available on the Application.  
Right to restrict the processing: You may ask that the processing of Your personal data is restricted when You dispute the accuracy of the data, when the storage period has expired, but You still need Your personal data to be stored in order to establish, exercise or defend a legal right, or if You object to it being processed; 
Right to data portability: You may receive the personal data that You sent to UNISTELLAR in a legible format, or ask UNISTELLAR to send Your personal data to another data controller.  
Right to object: At any time, You may object to the processing of Your personal data for personal reasons, or when you object to it being used for sales prospection purposes, including profiling.  With the exception of this last case, You acknowledge and accept that You are not entitled to this right when you subscribe to the services offered by this Application, since your personal data is necessary to UNISTELLAR to manage requests and provide the subscribed services; 
Withdrawal of consent: You may withdraw your consent to UNISTELLAR processing Your personal data in the future, when such processing is based on consent; 
Right to file a complaint: You may file a complaint with a public data protection body if You consider that UNISTELLAR’s processing constitutes a violation of Your personal data.    

However, You are not entitled to object to your Personal Data being processed nor to demand that it be erased, otherwise your Account will be immediately and automatically closed because UNISTELLAR is unable to continue its interactions with You.  

You may exercise Your rights at any time by contacting UNISTELLAR by e-mail at the following address support@unistellaroptics.com. You may be asked for a prove your identity by providing some form of proof of identity.

TERM - END OF AGREEMENT
These ToU take effect as soon as You accept them and remain in effect 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 affecting any damages that UNISTELLAR may claim subsequent to such 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 stipulations other provisions 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 - Disputes
These ToU are subject to French law.
If no amicable solution can be found, any dispute regarding this Agreement shall be brought before the competent courts. 
CONTACT
For any information concerning these ToU, You may contact UNISTELLAR by email at the following address: support@unistellaroptics.com