Terms and Conditions
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GENERAL INFORMATION
These Terms of Use (“Terms”) govern your access to and use of the SimCam application (“Product”), provided by Software Mansion S.A. By downloading, installing, or using the Product, you (“User”) agree to comply with these Terms and acknowledge our Privacy Policy.
User means any individual or entity that downloads, installs, or uses SimCam on a macOS device, including those using the free version (SIMCAM FREEWARE LICENSE) or the licensed full version (SIMCAM LICENSE).
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NATURE OF THE TOOL
The Product is a development utility designed to bridge the Mac’s hardware capabilities with the iOS Simulator environment. Its primary function is to emulate a camera feed within the iOS Simulator, enabling developers to test camera-related features in their applications. The Product’s performance and compatibility are inherently dependent on third-party software. All video emulation and data processing are performed locally on the User’s device. The Product is a local tool, not a cloud-based service or data storage provider.
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USE AT YOUR OWN RISK
The User uses the Product at their own risk. Software Mansion is not liable for any damages resulting from the use or inability to use the Product.
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DISCLAIMER OF LIABILITY
Software Mansion also disclaims all liability regarding:
- 4.1. The manner in which the user utilizes the Product.
- 4.2. The security of data and devices connected through the Product.
- 4.3. Any damages, losses, or breaches arising from the use of the Product.
IN NO EVENT SHALL SOFTWARE MANSION BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE PRODUCT, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF SOFTWARE MANSION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE USER’S SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SOFTWARE MANSION IS TO CEASE USE OF THE PRODUCT.
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NO WARRANTIES
The product is provided “as is” and “with all faults,” without warranty of any kind. To the maximum extent permitted by applicable law, Software Mansion hereby disclaims all warranties, whether express, implied, statutory, or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Software Mansion does not warrant that the product will be uninterrupted, error-free, or secure, or that any defects will be corrected. The user agrees that they are solely responsible for all costs and expenses associated with any rectification, repair, or damage caused by any defects, errors, or interruptions.
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INDEMNIFICATION
The User agrees to indemnify, defend, and hold harmless Software Mansion, its affiliates, licensors, and service providers, as well as their respective Management Board, Supervisory Board and employees (collectively, the “Indemnified Parties”), from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
- 6.1. The User’s use or misuse of the Product;
- 6.2. Any User Content that the User creates, uploads, or transmits through the Product;
- 6.3. Any infringement or alleged infringement of any intellectual property rights by the User in connection with the use of the Product;
- 6.4. Any violation or alleged violation of rights to privacy and image rights;
- 6.5. Any claims by third parties arising from content generated or shared within the game.
This indemnification obligation will survive termination of these Terms and the User’s use of the Product.
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SECURITY
The User is solely responsible for securing their devices, data, and managing permissions related to the use of the Product. The User is solely responsible for any End User content and Software Mansion expressly disclaims all liability arising from or connected with the End User Content.
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RECOMMENDATIONS REGARDING USE WITH SENSITIVE DATA
Users are advised to exercise caution when using the Product with sensitive data, as all video streams and images are processed in real-time within the local environment. It is recommended to ensure that no private documents, passwords, or personal information are visible in the camera feed during use.
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UPDATES AND CHANGES
Software Mansion reserves the right to update, modify, or suspend the Product without prior notice.
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FINAL PROVISIONS
These Terms are governed by the laws of Poland. In case of disputes, the user agrees to resolve them before the court competent for the seat of Software Mansion.