← Back to site
These Terms and Conditions (the "Terms") govern your access to and use of the mobile application Nobel Heroes (the "App") operated by Birch Sound Inc. ("Birch Sound", "we", "us", or "our"). Please read these Terms carefully before using the App.
By downloading, installing, accessing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, you must not download, install, access, or use the App.
If you are using the App on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms.
The App is rated as suitable for visitors aged 9 and over. If you are under the age of majority in your jurisdiction, you may use the App only with the involvement and consent of a parent or legal guardian.
The AI character is available only to visitors aged 18 or over. Every other part of the App — the augmented reality, the narration, the subtitles and the capture features — is available to all ages. The AI character opens only once you have confirmed you are 18 or over, either through the birth month and year on the registration form or when the AI character first asks, and a registration form indicating you are under 18 closes it on your device. Your age is self-declared and we do not verify it.
Only your agreement to these Terms is required on the registration form. Your name and your birth month and year are optional, and needed only if you choose to leave an email address. Where you leave no email address, or the form indicates you are under 18, nothing you enter is transmitted to us: it remains on your own device. See our Privacy Policy for what is collected and from whom.
Subject to your compliance with these Terms, Birch Sound grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to download and use the App on a device you own or control, solely for your personal, non-commercial purposes.
This licence does not grant you any right to:
The App includes augmented reality ("AR") features that use your device's camera and sensors to overlay digital content onto your surroundings. AR features require your permission to access the camera, and may require access to motion sensors or location services.
The App is designed to be used within designated exhibition and venue areas. Availability, accuracy, and performance of AR features may vary depending on your device, lighting conditions, physical environment, and network connectivity.
The App features an interactive artificial-intelligence character representing the photographer Peter Badge. You can speak to it and it will answer aloud. This feature is available only to visitors aged 18 or over.
Please understand the following before you rely on anything it says:
We make no warranty as to the accuracy of anything the AI character says.
The App records your voice only while you hold the speak button, for a maximum of 30 seconds per question. Recordings are sent to our AI provider to understand and answer your question. What happens to them is set out in our Privacy Policy.
When you speak to the App you agree not to say anything that:
Do not record other people without their consent.
You agree not to:
We may suspend or terminate your access to the App if we reasonably believe you have breached these Terms.
The App and all content made available through it — including software, text, graphics, images, three-dimensional models, audio, video, user interface design, and trade marks — are owned by Birch Sound or its licensors and are protected by intellectual property laws.
Exhibition content, likenesses, names, and related materials may be licensed from third parties and remain the property of their respective owners. Nothing in these Terms transfers any ownership right to you.
Where the App allows you to capture photographs, video, or other material using AR features, you retain ownership of that material.
Where you choose to share such material with us or through features provided within the App, you grant Birch Sound a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, and display that material for the purpose of operating and providing the App. You may withdraw this licence by deleting the material or by contacting us.
You are responsible for ensuring that material you capture or share does not infringe the rights of others and complies with the rules of the venue.
The App is distributed through third-party application stores and may rely on third-party services and software components. Your use of those stores and services is governed by their own terms, and we are not responsible for them.
These Terms are between you and Birch Sound only, and not with Apple Inc., Google LLC, or any other application store operator. Those operators are not responsible for the App or its content, and have no obligation to provide maintenance or support for the App.
We may modify, suspend, or discontinue the App, or any feature of it, at any time and without liability to you. Exhibition-linked features may be available only for the duration of the relevant exhibition or event.
We may update the App from time to time. Depending on your device settings, updates may be installed automatically.
To the maximum extent permitted by applicable law, the App is provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the App will be uninterrupted, error-free, secure, or free from harmful components, or that AR features will function accurately on every device or in every environment.
To the maximum extent permitted by applicable law, Birch Sound and its officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, goodwill, or business opportunity, arising out of or in connection with your use of or inability to use the App.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, or for fraud.
You agree to indemnify and hold harmless Birch Sound against any claims, losses, liabilities, and reasonable expenses arising from your breach of these Terms, your misuse of the App, or your violation of the rights of any third party.
You may stop using the App at any time by uninstalling it from your device. We may suspend or terminate your access to the App at any time where you breach these Terms or where required by law.
Provisions which by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, and governing law — shall survive.
We may revise these Terms from time to time. Where changes are material, we will provide reasonable notice through the App or on this page before they take effect. The date at the top of this page indicates when these Terms were last revised. Your continued use of the App after changes take effect constitutes acceptance of the revised Terms.
These Terms are governed by the laws of the Republic of Korea, without regard to conflict of law principles. Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the Seoul Central District Court, unless mandatory consumer protection laws in your country of residence provide otherwise.
If you have any question regarding these Terms, please contact us.