Terms

a. These Terms of Business apply to contracts made between Aircards Limited (t/a Metalitix and referred to in these Terms of Business as Metalitix) and the Customer (the Customer is a person or organisation identified in an order acknowledgement from Metalitix which is responsible for paying the Subscription Fees).

b. The Metalitix Platform is owned and operated by Aircards Limited, with company number 12558369, whose registered office is at 3 Waterloo Square, Newcastle Upon Tyne, United Kingdom NE1 4DR.

c. The contract is made by the Customer completing the on-line forms on the website to create an account, choosing a pricing plan, accepting the privacy notice and these Terms of Business, making a successful payment of the Subscription Fees and receiving an automated message from Metalitix confirming a unique order number.

d. The duration of the contract depends on the pricing plan which is chosen by the Customer – some pricing plans are based on a monthly subscription which can be ended by giving Metalitix 30 days’ notice; other pricing plans involve a longer commitment. The website provides further details of the duration of the various pricing plans and how they can ended.  

e. As part of the contract, the Customer will be given permission by Metalitix to grant various rights of access to the Metalitix Platform to more than one person (which may include the right for developers to link their projects to the Metalitix Platform so that data relating to 3D spatial experiences is collected and/or the right for people to use the analytics capabilities of the Metalitix Platform). Those persons are called ‘Platform Users’. 

f. Metalitix reserves the right to make changes to these Terms of Business from time to time. Metalitix will notify the Customer of changes.

a. Metalitix collects personal data at the time that a contract is made with a Customer, which makes it a controller of personal data under GDPR and the Data Protection Act 2018. The Metalitix Platform displays a privacy notice which is accepted by the Customer when it makes a contract with Metalitix.
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b. The Customer agrees that it will not store or process information on the Metalitix Platform relating to an identified or identifiable natural person (for example, by creating custom data fields to store email addresses of people who have participated in a 3D spatial experience). Failure to comply may result in both the Customer and Metalitix breaching data privacy laws, and may jeopardise Metalitix’s ability to provide services to the Customer and other customers.  
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c. Metalitix is entitled to use aggregated anonymised data which is generated from the Metalitix Platform for the purpose of Metalitix’s business, including improving, testing, operating, promoting and marketing Metalitix’s products and services (providing that the aggregated anonymised data cannot be linked specifically to the Customer or its data).  

a. The Customer must ensure that Platform Users are aware of the rules for using the Metalitix Platform, especially the rules prohibiting the collection, processing or storage of personal data.  
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b. The Metalitix Platform must not be used for collecting, processing or storing personal data.
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c. The Customer must comply with all relevant data privacy laws when collecting information associated with 3D spatial experiences.
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d. The Customer and Platform Users must not share passwords.
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e. The Customer must not share its right to access the Metalitix Platform with third parties (i.e. people or organisations which are not Permitted Users).
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f. The Customer must not reverse engineer the Metalitix Platform or infringe Metalitix’s intellectual property rights or those of third parties.

g. The Customer must ensure that logging scripts are installed correctly on websites used by the Customer, which collect data relating to 3D spatial experiences (the latter data forms the basis of information processed and stored on the Metalitix Platform).

h. The Customer must limit the use of logging scripts made available by Metalitix to use solely in connection with the Metalitix Platform. 

a. If a payment from the Customer is more than 14 days overdue, Metalitix has the right to suspend or limit the Customer’s access to the Metalitix Platform after giving notice to the Customer. 

b. Metalitix has the right to terminate the contract if a payment is more than 30 days overdue, if the Customer still fails to pay within 48 hours of receiving a final written warning that the contract will be terminated if it does not pay.

c. Metalitix has the right to suspend or terminate the Customer’s access to the Metalitix Platform and its contract with Metalitix, if the Customer breaches its obligations to Metalitix (especially the rules in clause 4 above). The course of action taken and the period granted by Metalitix to the Customer to remedy the breach will depend on the circumstances, including the impact on Metalitix and its other customers. Some breaches may not be capable of remedy, in which case Metalitix is entitled to terminate the contract by notice with immediate effect.   

a. Metalitix does not seek to limit or exclude liability for death or personal injury caused by its negligence, or for fraud or fraudulent misrepresentation.

b. Neither party will be liable under or in connection with this contract (whether in contract or tort, including negligence) for loss of profits, revenue, anticipated savings or goodwill.

c. The liability of Metalitix to the Customer for any loss or damage caused by a breach of contract or other act for which it is liable is limited to 200% of the subscription fees payable during the period of 12 months from the date of contract (with the exception of liability which cannot be excluded (clause 6 (a)) or is excluded (clause 6 (b)).    

a. The contract is made subject to the laws of England and Wales. Any disputes are subject to the non-exclusive jurisdiction of the courts of England and Wales.