PLEASE READ THIS EULA CAREFULLY BEFORE DOWNLOADING OR STREAMING THE APP FROM THIS APPSTORE OR BEFORE USING THE WEBSITE AT WWW.CUEAPP.COM AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
This end-user licence agreement (EULA) is a legal agreement between you ( End-user or you ) and CueApp Ltd, a company registered in England & Wales under company number 9752522 and whose registered office address is at Middlesex House, 29-45 High Street, Edgware, Middlesex, HA8 7UU (Licensor, us or we) for:
the Cue mobile application software, the data supplied with the software, and the associated media ( App ); and
any online or electronic documents concerning the App ( Documents ).
We license use of the App and Documents to you ( App Licence ) on the basis of this EULA and subject to any rules or policies applied by any appstore provider or operator from whose site ( Appstore ), the End-user downloaded the App ( Appstore Rules ). We do not sell the App or Documents to you. We remain the owners of the App and Documents at all times.
This EULA also governs your use of the website at www.cueapp.com ( Website ).
Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, WE WILL NOT LICENSE THE APP AND DOCUMENTS TO YOU AND YOU MUST STOP THE DOWNLOADING OR STREAMING PROCESS. YOU MUST ALSO REFRAIN FROM USING THE WEBSITE.
You should print a copy of this EULA for future reference.
The terms of this EULA apply to the App or any of the services accessible through the App (App Services), including any updates or supplements to the App or any App Service, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any App Service, the terms of an open-source licence may override some of the terms of this EULA.
We may change these terms at any time by notifying you of a change when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App and App Services.
From time to time updates to the App may be issued through an Appstore. Depending on the update, you may not be able to use the App Services until you have downloaded or streamed the latest version of the App and accepted any new terms.
You will be assumed to have obtained permission from the owners of any mobile telephone or handheld devices that are controlled, but not owned, by you ( Devices ) and to download or stream a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any App Service on or in relation to any Device, whether or not it is owned by you.
You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described in the Documents meet your requirements.
We only supply the App and Documents for domestic and private use. You agree not to use the App and Documents for any commercial, business or resale purposes.
By using the App or any App Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any App Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
By using the App or any of the App Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for App Services that are internet-based or wireless to improve our products and to provide any App Services to you.
The App or any App Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgment regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
download or stream a copy of the App onto, and view, use and display the App on, the Devices for your personal purposes only; and
use the Documents for your personal purposes only.
You represent and warrant that are 18 years or over and that you possess the legal right, capacity and ability to agree to this EULA and use the App, the App Services and/or the Website in accordance with it and all other applicable laws.
Except as expressly set out in this EULA or as permitted by any local law, you agree:
not to copy the App or Documents except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or Documents;
not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
is used only for the purpose of achieving inter-operability of the App with another software program;
is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
is not used to create any software that is substantially similar to the App;
to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
to include our copyright notice on all entire and partial copies you make of the App on any medium;
not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service ( Technology ),
These restrictions are referred to in this EULA as Licence Restrictions.
not use the App or any App Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any App Service or any operating system;
not infringe our intellectual property rights or those of any third party in relation to your use of the App or any App Service, including the submission of any material (to the extent that such use is not licensed by this EULA);
not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any App Service (see further under posting content below);
not use the App or any App Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
not collect or harvest any information or data from any App Service or our systems or attempt to decipher any transmissions to or from the servers running any App Service. together
These restrictions are referred to in this EULA as Acceptable Use Restrictions.
You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, post) on App Services or transmit to other users, including text messages, chat, videos (including streaming videos), photographs, or profile text, whether publicly posted or privately transmitted (collectively, Content). You may not post as part of any App Service, or transmit to us or any other user (either on or off the App Service), any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that you have the right to post the Content on the App Services and grant the licences set out below.
You understand and agree that we may, but are not obliged to, monitor or review any Content you post as part of an App Service. We may delete any Content, in whole or in part, that in our sole judgment violates this EULA or may harm our reputation or the reputation of the App Services.
By posting Content as part of the Service, you automatically grant to us, our affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid-up, worldwide right and licence to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorise sub-licences of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of your Content by us will not infringe or violate the rights of any third party.
In addition to the types of Content described above, the following is a partial list of the kind of Content that is prohibited. You may not post, upload, display or otherwise make available Content that:
that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
advocates harassment or intimidation of another person;
requests money from, or is intended to otherwise defraud, other users of the App Services;
involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming" (or "spimming", "phishing", "trolling" or similar activities);
promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libellous or otherwise objectionable;
promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
disrupts the normal flow of dialogue, causes a screen to "scroll" faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges;
solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission; and
publicises or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
Your use of the App Services, including all Content you post through the Service, must comply with all applicable laws and regulations. You agree that we may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this EULA; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the App Services in the future; or (v) protect our rights, property or personal safety or those of any other person.
You agree that any Content you place on an App Service may be viewed by other users and may be viewed by any person visiting or participating in the App Service.
You may not misuse the App Services or behave in a way we regard as inappropriate or unlawful, including actions or communications that occur off the App Services but involve users you meet through the App Services. The following is a partial list of the Prohibited Activities that you may not engage in with respect to the App Services. You will not:
impersonate any person or entity;
solicit money from any users;
post any prohibited Content;
"stalk" or otherwise harass any person;
express or imply that any
statements you make are endorsed by us without our specific prior written consent.
use the App Services in an illegal manner or to commit an illegal act;
access the App Services in a jurisdiction in which it is illegal or unauthorised;
ask or use users to conceal the identity, source, or destination of any illegally gained money or products;
use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the App Services or their contents;
collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the App Services;
interfere with or disrupt the App Services or the servers or networks connected to the App Services;
email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the App Services (either directly or indirectly through use of third party software);
"frame" or "mirror" any part of the App Services, without our prior written authorisation;
use meta tags or code or other devices containing any reference to us or the App Services (or any trade mark, trade name, service mark, logo or slogan of ours) to direct any person to any other website for any purpose;
modify, adapt, sub-license, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the App Services or any software used on or for the App Services, or cause others to do so; or
post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the App Services other than solely in connection with your use of the App Services in accordance with this EULA.
In order to access certain features of the App Services you may be required register for an account ( Account ). If you access the App Services through a social networking site, such as Facebook ( each, an SNS ), as part of the functionality of the App Services, you may link your Account with your SNS account by allowing us to access your SNS Account, as is permitted under the applicable terms and conditions that govern your use of each SNS Account. You represent that you are entitled to disclose your SNS Account login information to us and/or grant us access to your SNS Account (including, but not limited to, for the purposes described here) without breach by you of any of the terms and conditions that govern your use of the applicable SNS Account and without obliging us to pay any fees or making us subject to any usage limitations imposed by such third-party service providers. By granting us access to any SNS Accounts, you understand that we may access, make available and store (if applicable) any information, data, text, software, music, sound photographs, messages, tags, and/or other materials accessible through the App Services that you have provided to and stored in your SNS Account (SNS Content) so that it is available on and through the App Services via your Account and your profile page. Depending on the SNS Accounts you choose and subject to the privacy settings that you have in such SNS Accounts, personally identifiable information that you post to your SNS Accounts may be available on and through your Account on the App Services. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR SNS ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND WE DISCLAIM ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO US BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. We make no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and we are not responsible for any SNS Content.
In registering for the App Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the App Services’ registration form (the Registration Data ); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify us immediately of any unauthorised use of your password or any other breach of security.
You are solely responsible for your interactions with other users of the App Services and any other parties with whom you interact through the App Services; provided, however, that we reserve the right, but have no obligation, to intercede in such disputes. You agree that we will not be responsible for any liability incurred as a result of such interactions. YOU UNDERSTAND THAT WE DO NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND CHECKS ON OUR USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF OUR USERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF THE USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS.
We are not responsible for and do not control content provided by other users ( User Content ), including the accuracy or completeness of any user’s profile information. You use all User Content and interact with other users at your own risk. In connection with the App Services, we have adopted and implemented a policy that provides for the review and removal Prohibited Content which has been reported to us.
The following additional terms and conditions apply to you if you download the App from an Appstore. To the extent the other terms and conditions of this EULA are less restrictive than, or otherwise conflict with, the terms and conditions of this section, the more restrictive or conflicting terms and conditions in this section apply.
Acknowledgement. We and you acknowledge that this EULA is concluded between us and you only, and not with the Appstore, and we, not the Appstore, are solely responsible for the App and the content thereof. To the extent this EULA provides for usage rules for the App that are less restrictive than the usage rules set out for the App in, or otherwise is in conflict with, the Appstore terms of service, the more restrictive or conflicting Appstore term applies, as applicable.
Scope of Licence. The licence granted to you for App is limited to a non-transferable licence to use the App on either an iOS or Android device that you own or control and as permitted by the usage rules set out in the Appstore terms of service.
Maintenance and Support. We are solely responsible for providing any maintenance and support services with respect to the App, as specified in this EULA (if any), or as required under applicable law. We and you acknowledge that the Appstore has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Warranty. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify the Appstore, and the Appstore may refund the purchase price for the App to you; and to the maximum extent permitted by applicable law, the Appstore will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
Product Claims. We and you acknowledge that the App Store is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This EULA does not limit our liability to you beyond what is permitted by applicable law.
Intellectual Property Rights. We and you acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we, not the Appstore, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Name and Address. Our contact information for any end-user questions, complaints or claims with respect to App is set out below.
Third Party Beneficiary. We and you agree that the Appstore provider (and its subsidiaries) is a third party beneficiary of this EULA , and that, upon your acceptance of the terms and conditions of this EULA, the Appstore provider will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.
We grant to you a non-exclusive, non-transferable, limited licence only to use the Website, in accordance with the provisions set out in this EULA. All rights not expressly granted to you in this EULA are reserved by us and, if applicable, our licensors.
The content of the Website is provided for guidance and information purposes only and is not to be construed as advice. We do not in any way recommend that the products and services available on the Website are suitable for you in your particular circumstances.
Reasonable efforts will be made to keep the Website available for use and functioning efficiently and reliably; however we cannot guarantee any minimum levels regarding the performance, speed, reliability, availability, use or consistency of the Website because the Website depends on the internet, including networks, cabling, facilities and equipment that are not within our control. We will not be liable for any damage or loss suffered as a result of any interruption in the availability of the Website or reduction in performance levels.
Due to the nature of the internet and the possibility of third party interference, the Website is not guaranteed to be free of all viruses and technical defects of any description or any forms of computer misuse. We will not be liable for any damage or loss caused by such third party interference as a result of your use of the Website. You acknowledge that you are responsible for taking back up copies of your data and taking appropriate precautions to protect your computer systems against technical defects, viruses or computer misuse. In particular, without limitation, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
We aim to update the Website regularly and may change the content at any time. Any of the material on the Website may be out of date at any given time and we are under no obligation to update such material. The material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy.
You warrant to us that you will not use the Website for any purpose that is unlawful or prohibited by this EULA, and any other notices appearing on the Website.
Without limitation, you must not, directly or indirectly:
misuse the Website by knowingly introducing viruses, Trojans, worms, logic bombs, keystroke loggers, spyware, Adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website or disable or circumvent any access control or related process or procedure established with respect to the Website;
scan or probe another computer system, obstruct or bypass computer identification procedures or engage in unauthorised computer or network trespass without the express permission of the owners of such computer systems;
forge headers or otherwise manipulate any protocols or identifiers used in any system or protocol in such a manner to disguise the origin of any data transmitted using the Website;
impersonate or falsely represent your association with any person, including a representative of ours;
disrupt or threaten the integrity, operation or security of any website, any computer or any internet system;
extract, gather, collect, or store personal information about others without their express consent;
attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
use the Website in any way that breaches any applicable local, national or international law or regulation, or which is in any way unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; or
use the Website to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of this EULA, and that they comply with it.
You are responsible for the security of any usernames, passwords or access codes that are required for you to access the Website and for ensuring that they are not misused. You must treat such information as confidential and you must not disclose it to any third party. You agree to notify us immediately of any unauthorised use of your access information and to provide assistance to us, as requested, to stop or remedy any breach of security related to your access information.
We shall not be liable for any losses you incur as a result of someone else's use of your access information, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of your access information.
On no account should access information be used for gain - for example, by selling access to others to our services.
You may not use a third party's access information at any time.
You agree to provide true, current, accurate and complete customer information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate.
If there are links from the Website to other websites operated by third parties, these are provided as a convenience only and we do not guarantee you will be able to access those other websites via any link on the Website. We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any third party websites or any changes or updates to such sites. We make no guarantees about the content or quality of the products or services provided by such sites, nor do we accept any responsibility for any damage or loss you may suffer as a result of your use of any third party websites. You acknowledge that you bear all risks associated with access to and use of content provided on a third party website.
You may not establish a link to the Website from any other website without our prior written consent.
From time to time, we may restrict access to some parts, or all, of the Website.
We reserve the right to change the terms, conditions, and disclaimers under which the Website is offered. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you with respect to any subsequent use of the Website.
You acknowledge that all intellectual property rights in the App, the Documents and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, the Documents or the Technology other than the right to use each of them in accordance with the terms of this EULA.
You acknowledge that you have no right to have access to the App in source-code form.
Website Content means all document templates and documents, materials and content, including designs, editorial, text, graphics, audio-visual materials, multimedia elements, photographs, videos, music, sound recordings, reports, software, information, formulae, patterns, data and any other work accessed or available through the Website.
Website Content may be owned by parties other than you or us ( Third Party Content ) and may be protected by applicable copyrights, trade marks, patents, trade secrets or other proprietary rights and laws. Nothing in your use of the Website or in this EULA grants you any right, title or interest in or to this Third Party Content except for the limited right to use the Website as set out in this EULA.
Specifically, Cue and CueApp and their associated logos are either UK registered trade marks or other trade marks, service marks or trade dress of our parent company, CueApp Group Ltd (Company number 9755301), whose registered office is at Middlesex House, 29-45 High Street, Edgware, Middlesex, HA8 7UU.
Except where expressly stated otherwise, all right, title and interest in and to the Website and all Website Content, source code, processes, designs, technologies, URLs, domain names, marks and logos forming any part of the Website ( Our Content ) is fully vested in us, our licensors or our suppliers and are protected by applicable copyrights, trade marks, patents, trade secrets or other proprietary rights and laws. You agree that Our Content is licensed subject to the terms of this EULA, including the disclaimers and limitations of liability herein. Nothing in your use of the Website or in this EULA grants you any right, title or interest in or to Our Content except the limited right to use the Website as set out in this EULA.
You agree not to:
deep link, rent, lease, loan, share, sell, resell or exploit for any commercial purpose, assign, sublicense, grant a security interest in or otherwise transfer any right or interest in Our Content;
distribute, redistribute, create a derivative work of, decompile, reverse engineer, reverse assemble or otherwise attempt to discover the source code, of Our Content, to the maximum extent that such prohibition is permitted by applicable law;
copy, reproduce, broadcast, download, store (in any medium), transmit in any form or by any means, electronic, mechanical, recording or otherwise, show or play in public, adapt or change in any way, Our Content or any other part of the Website for any purpose whatsoever in breach of the Conditions;
use any data mining, robots or similar extraction methods in relation to Our Content;
remove any proprietary notices or labels on or in Our Content, or
allow any other person or entity to engage in any of the foregoing.
The reproduction of all trade marks, both registered and unregistered is strictly prohibited.
We shall have no responsibility for any damage to your computer system or loss of data that results from downloading any of Our Content.
The following provisions set out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of:
Except as expressly and specifically provided in this EULA, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this EULA.
Nothing in this EULA shall exclude or limit:
We shall not be liable for:
We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence up to the limit specified below, but we are not responsible for any unforeseeable loss or damage
If we are held liable to you for any loss or damage, such liability shall in all cases be limited to the payment of an amount not exceeding £100 for any claim in connection with the App, Documents or App Services and £1,000 for any claim in connection with the Website, including costs and expenses in respect of any one claim. For the avoidance of doubt, a claim shall be defined as a claim or a series of claims (whether by one or more claimant) arising from, or in connection with, or attributable to, any one act, error, omission or originating cause or source or the dishonesty of any person or group of persons acting together, and any such series of claims shall be deemed to be one claim for all purposes under this clause.
We may terminate this EULA immediately by written notice to you:
if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;
if you breach any of the Licence Restrictions or the Acceptable Use Restrictions; and
if you post any prohibited Content or engage in any Prohibited Activities.
On termination for any reason:
all rights granted to you under this EULA shall cease;
you must immediately cease all activities authorised by this EULA, including your use of any App Services or the Website; and
you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App and Documents then in your possession, custody or control and certify to us that you have done so.
Without limiting any of our other rights, we may without notice suspend, restrict or terminate your use of the Website and disable your access information or suspend, restrict or terminate your Account and refuse any and all current or future use of the App Services (or any portion thereof) if, in our sole and absolute discretion, we determine or believe that you have failed to comply with any of this EULA.
We will have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any such suspension, restriction or termination.
We also reserve the right, in our sole discretion, to investigate and take any legal action against, or refer to the appropriate authorities, anyone who posts prohibited Content, including removing the offending communication from the App Services, or engages in Prohibited Activities.
Our failure to insist upon or enforce strict performance of any provision of this EULA will not be construed as a waiver of any provision or right. Neither the course of conduct between you and us nor trade practice will act to modify any provision of this EULA. Our rights, powers and remedies in this EULA, including without limitation the right to suspend, restrict or terminate any use of the App Services or Website, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to us at law or in equity.
If any provision of this EULA is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof will continue in full force and effect.
We may at any time assign our rights or sub-contract our obligations under this EULA, in whole or in part, without notice to you.
Neither of us will be responsible for a failure to fulfil our obligations under this EULA or for delay in doing so if such failure or delay is due to circumstances beyond our reasonable control, such as acts of nature, acts of government, war, riots, strikes and accidents in transportation, but excluding a lack of financing, cash or credit.
This EULA (and all communications) are in English.
This EULA shall be governed by, and will be construed in accordance with, English Law, and the English courts shall have jurisdiction in any legal proceedings. We retain the right to bring proceedings against you for breach of this EULA in your country of residence or any other relevant country.
If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail to firstname.lastname@example.org or by prepaid post to the address stated above. We will confirm receipt of this by contacting you in writing, normally by e-mail.
If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us.
Updated 2 September 2015