Terms & Conditions
MUNEY LIMITED
TERMS OF USE
Who we are and what this agreement does
We are Muney Limited (referred to as “we” or “us” or “our” or “Muney”). Our registered address at 6 Campden Hill, London, W8 7AD, England. We are a private limited company, and our registered company number is 14640959.
Muney operates a mobile application software called “Muzos” (the “App”) which allocates points to users of the App (“you”) for listening to and discovering music.
Your privacy
Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy and it is important that you read that information.
App Store Provider terms also apply
If you have downloaded our App from the Apple Inc. App Store or the Google LLC Google Play Store (in each case, an “App Store Provider”), you acknowledge that you have read, understood, and agree that your use of the App and Documentation may also be controlled by the rules and policies of the applicable App Store Provider. You agree to comply with any applicable App Store Provider terms when using the App.
The rules and policies of the App Store Provider will apply instead of these terms where there are differences between the two.
These terms are between you and Muney and not between you and any other party, including Apple Inc. for IOS users and Google LLC for Android users.
Operating system requirements
This App requires a smartphone or handheld device with a minimum of 2G of memory and the Android operating system version 8.0 (Oreo) or iOS operating system version 11.0.
Support for the App and how to tell us about problems
Support. If you want to learn more about the App or have any problems with the App, please take a look at our support resources at https://help.muzos.xyz
Contacting us (including with complaints). If you think the App is faulty or misdescribed or wish to contact us for any other reason, please email our customer service team at help@muzos.xyz.
How we will communicate with you. If we have to contact you, we will do so by email or by SMS by using the contact details you have provided to us.
How you may use the App
In return for your agreeing to comply with these terms you may:
download or stream a copy of the App onto your device and view, use and display the App on such device for your personal purposes only;
use any documentation provided by us to you in respect of use of the App (“Documentation”) to support your permitted use of the App;
provided you comply with the “Licence Restrictions”, make up to one (1) copy of the App and the Documentation for back-up purposes; and
receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.
You must be 18 to accept these terms and download the App
You must be 18 or over to accept these terms and download the App. If you are under the age of 18, your parent or guardian will need to enter into these terms on your behalf.
You may not transfer the App to someone else
We are giving you personally the right to use the App as set out under “How you may use the App”.
You may not otherwise transfer the App to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
Point Generation
You may generate points such as ‘XP’ or ‘Muney’ in the App, the points represent our unique in-app exchange points, which you may generate through verified music streaming activities or streaming. Note that Muney DOES NOT constitute a digital currency, nor does it represent any form of legally recognized monetary value.
Muney may serve as a means to access specific benefits provided through the Muzos App. However, it is important to note that Muney is not redeemable for cash from Muney Limited or any affiliated entities.
Streaming or music streaming activity verification conducted by the Muzos App is considered final and cannot be revised or reversed.
Muney Limited maintains the unequivocal authority to invalidate any accumulated Muney that, upon review, are determined to have been generated in contravention of our established Muney Generation Guidelines section. Furthermore, any Muzos Accounts implicated in such activities may be subject to suspension or deactivation.
Muney Limited maintains the unequivocal authority to define and modify, at its sole discretion and on an as-needed basis, the algorithms responsible for stream verification and music streaming activity, as well as the quantity of points that can be generated through music streaming activity or per verified stream via the Muzos App.
In compliance with its operational guidelines and under its absolute discretion, Muney Limited retains the right to nullify any or all points accumulated by users, without the necessity for prior notification or further clarification.
Muney Limited maintains the unequivocal authority to impose a daily limit on the amount of points that users can generate via the Muzos App. This cap may be subject to fluctuation based on various criteria determined solely at our discretion. We may adjust these limits, either by increasing or decreasing them, as deemed necessary (i.e increasing the number of streams that may generate points or amount of points generated per verified stream)
Information pertaining to the prevailing criteria and the quantity of Muney generated via verified streams can be accessed in the "What is Muzos” section on our official help page: https://help.muzos.xyz.
Points Generation Guidelines
A stream, or music streaming activity, is deemed verified only when a user plays a song provided in the App for 15 seconds. Should any discrepancies or potential violations of this requirement be detected, Muney Limited retains the authority to invalidate or redistribute the accumulated points and may also suspend the associated Muzos account. As a critical point of clarification, Muney Limited is under no obligation to reveal the methodologies or algorithms employed for the verification of streams and music streaming activity.
Sure, here's a draft section for the Terms and Conditions for "Muzos" regarding uploading songs to the platform. This text can be adapted to reflect the specific legal and operational needs of "Muzos":
Song Upload
By spending points you have accumulated you may be eligible to upload audio tracks to the App.
Liability for Content
User Responsibility
The App operates as a passive platform for the storage, distribution, and sharing of digital music content. As such, Muney Limited does not actively monitor or control the content uploaded by its users. You, as a user, are solely responsible for the content you upload, post, or otherwise distribute on or through the App. You must ensure that you have all necessary rights and permissions for any content you upload and that your content complies with applicable laws and the terms of our service.
No Obligation to Pre-Screen Content
Muney Limited does not pre-screen or review the content uploaded by its users before it appears on the platform. Furthermore, Muney Limited and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, and shareholders do not assume any responsibility to monitor the platform for inappropriate or unlawful content. However, Muney Limited reserves the right, at its sole discretion, to review and remove content that violates our terms or may be otherwise objectionable, at any time and without prior notice.
Limitation of Liability
To the extent permissible by law, Muney Limited and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, and shareholders exclude all liability related to content uploaded by users. This exclusion covers all claims for infringement of intellectual property rights, privacy, publicity rights, and any claims related to the publication of inappropriate, defamatory, obscene, or offensive material.
No Responsibility for User Content
Muney Limited does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content uploaded to the App by its users. By using the App, you acknowledge that you may be exposed to materials that are incorrect, misleading, or otherwise objectionable. Muney Limited disclaims all liability arising from your use of or reliance on any content posted on the platform.
Waiver of Rights
By uploading content to the App, you irrevocably waive the right to assert any claims related to the content against Muney Limited or its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, or shareholders. This waiver includes claims for damages or losses resulting from the use of uploaded content by other users or third parties.
Right to Moderate
Notwithstanding the foregoing, Muney Limited reserves the right to take any actions deemed necessary to ensure the integrity and safety of the App, including content moderation and enforcement actions in accordance with our Moderation and Enforcement Policy. Such actions may be taken at Muney Limited’s discretion and without liability.
Changes to these terms
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
We will provide reasonable notice of any such changes, and where material changes are made, we shall use reasonable endeavours to notify you of such change by email or within the App.
If you do not accept the notified changes, you will not be permitted to continue to use the App and the Service.
Update to the App and changes to the Service
From time to time, we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App.
The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.
If someone else owns the phone or device you are using
If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
We are not responsible for other websites you link to
The App may contain links to other third party websites or other services e.g., music streaming services (“Third Party Services”) which are not provided by us. You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
We are not responsible for such Third Party Services and we make no representation or warranty that such Third Party Services are suitable for you and we are not responsible or liable for such services or any loss or issues that result as of your use of such Third Party Services.
Agreeing to our terms and using our App will not give you a licence to use Third Party Services which may require you to sign up to receive those Third Party Services. Any purchase, enabling, or engagement of Third Party Services, including but not limited to any exchange of data between you and any Third Party Services provider, is solely between you and the applicable provider and is subject to the terms and conditions of such Third Party Service provider.
You represent and warrant that your use of any Third Party Service signifies your independent consent to the access and use of your data by the Third-Party Service provider, and that such consent, use, and access is outside our control.
Licence restrictions
You agree that you will:
not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from us;
not copy the App or Documentation except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Documentation nor permit the App to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these terms;
not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (“Permitted Objective”), and provided that the information obtained by you during such activities:
is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
is not used to create any software that is substantially similar in its expression to the App;
is kept secure; and
is used only for the Permitted Objective;
comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App.
Acceptable use restrictions
You must:
not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App or any operating system;
not infringe our intellectual property rights or those of any third party in relation to your use of the App, (to the extent that such use is not licensed by these terms);
not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
not use the App 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 the App or our systems or attempt to decipher any transmissions to or from the servers running the App.
Intellectual property rights
All intellectual property rights in the App and the Documentation throughout the world belong to us (or our licensors) and the rights in the App are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Documentation other than the right to use them in accordance with these terms.
Our responsibility for loss or damage suffered by you
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the App. The App is provided for general information and entertainment purposes only. It does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App. Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App.
Check that the App is suitable for you. The App have not been developed to meet your individual requirements. Please check that the facilities and functions of the App (as described in the Documentation) meet your requirements.
We are not responsible for events outside our control. If the App functionality is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
We may end your rights to use the App if you break these terms
We may end your rights to use the App at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so.
If we end your rights to use the App:
You must stop all activities authorised by these terms, including your use of the App.
You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You need our consent to transfer your rights to someone else
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
No rights for third parties
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which laws apply to this contract and where you may bring legal proceedings
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
TERMS OF USE
Who we are and what this agreement does
We are Muney Limited (referred to as “we” or “us” or “our” or “Muney”). Our registered address at 6 Campden Hill, London, W8 7AD, England. We are a private limited company, and our registered company number is 14640959.
Muney operates a mobile application software called “Muzos” (the “App”) which allocates points to users of the App (“you”) for listening to and discovering music.
Your privacy
Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy and it is important that you read that information.
App Store Provider terms also apply
If you have downloaded our App from the Apple Inc. App Store or the Google LLC Google Play Store (in each case, an “App Store Provider”), you acknowledge that you have read, understood, and agree that your use of the App and Documentation may also be controlled by the rules and policies of the applicable App Store Provider. You agree to comply with any applicable App Store Provider terms when using the App.
The rules and policies of the App Store Provider will apply instead of these terms where there are differences between the two.
These terms are between you and Muney and not between you and any other party, including Apple Inc. for IOS users and Google LLC for Android users.
Operating system requirements
This App requires a smartphone or handheld device with a minimum of 2G of memory and the Android operating system version 8.0 (Oreo) or iOS operating system version 11.0.
Support for the App and how to tell us about problems
Support. If you want to learn more about the App or have any problems with the App, please take a look at our support resources at https://help.muzos.xyz
Contacting us (including with complaints). If you think the App is faulty or misdescribed or wish to contact us for any other reason, please email our customer service team at help@muzos.xyz.
How we will communicate with you. If we have to contact you, we will do so by email or by SMS by using the contact details you have provided to us.
How you may use the App
In return for your agreeing to comply with these terms you may:
download or stream a copy of the App onto your device and view, use and display the App on such device for your personal purposes only;
use any documentation provided by us to you in respect of use of the App (“Documentation”) to support your permitted use of the App;
provided you comply with the “Licence Restrictions”, make up to one (1) copy of the App and the Documentation for back-up purposes; and
receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.
You must be 18 to accept these terms and download the App
You must be 18 or over to accept these terms and download the App. If you are under the age of 18, your parent or guardian will need to enter into these terms on your behalf.
You may not transfer the App to someone else
We are giving you personally the right to use the App as set out under “How you may use the App”.
You may not otherwise transfer the App to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
Point Generation
You may generate points such as ‘XP’ or ‘Muney’ in the App, the points represent our unique in-app exchange points, which you may generate through verified music streaming activities or streaming. Note that Muney DOES NOT constitute a digital currency, nor does it represent any form of legally recognized monetary value.
Muney may serve as a means to access specific benefits provided through the Muzos App. However, it is important to note that Muney is not redeemable for cash from Muney Limited or any affiliated entities.
Streaming or music streaming activity verification conducted by the Muzos App is considered final and cannot be revised or reversed.
Muney Limited maintains the unequivocal authority to invalidate any accumulated Muney that, upon review, are determined to have been generated in contravention of our established Muney Generation Guidelines section. Furthermore, any Muzos Accounts implicated in such activities may be subject to suspension or deactivation.
Muney Limited maintains the unequivocal authority to define and modify, at its sole discretion and on an as-needed basis, the algorithms responsible for stream verification and music streaming activity, as well as the quantity of points that can be generated through music streaming activity or per verified stream via the Muzos App.
In compliance with its operational guidelines and under its absolute discretion, Muney Limited retains the right to nullify any or all points accumulated by users, without the necessity for prior notification or further clarification.
Muney Limited maintains the unequivocal authority to impose a daily limit on the amount of points that users can generate via the Muzos App. This cap may be subject to fluctuation based on various criteria determined solely at our discretion. We may adjust these limits, either by increasing or decreasing them, as deemed necessary (i.e increasing the number of streams that may generate points or amount of points generated per verified stream)
Information pertaining to the prevailing criteria and the quantity of Muney generated via verified streams can be accessed in the "What is Muzos” section on our official help page: https://help.muzos.xyz.
Points Generation Guidelines
A stream, or music streaming activity, is deemed verified only when a user plays a song provided in the App for 15 seconds. Should any discrepancies or potential violations of this requirement be detected, Muney Limited retains the authority to invalidate or redistribute the accumulated points and may also suspend the associated Muzos account. As a critical point of clarification, Muney Limited is under no obligation to reveal the methodologies or algorithms employed for the verification of streams and music streaming activity.
Sure, here's a draft section for the Terms and Conditions for "Muzos" regarding uploading songs to the platform. This text can be adapted to reflect the specific legal and operational needs of "Muzos":
Song Upload
By spending points you have accumulated you may be eligible to upload audio tracks to the App.
Liability for Content
User Responsibility
The App operates as a passive platform for the storage, distribution, and sharing of digital music content. As such, Muney Limited does not actively monitor or control the content uploaded by its users. You, as a user, are solely responsible for the content you upload, post, or otherwise distribute on or through the App. You must ensure that you have all necessary rights and permissions for any content you upload and that your content complies with applicable laws and the terms of our service.
No Obligation to Pre-Screen Content
Muney Limited does not pre-screen or review the content uploaded by its users before it appears on the platform. Furthermore, Muney Limited and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, and shareholders do not assume any responsibility to monitor the platform for inappropriate or unlawful content. However, Muney Limited reserves the right, at its sole discretion, to review and remove content that violates our terms or may be otherwise objectionable, at any time and without prior notice.
Limitation of Liability
To the extent permissible by law, Muney Limited and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, and shareholders exclude all liability related to content uploaded by users. This exclusion covers all claims for infringement of intellectual property rights, privacy, publicity rights, and any claims related to the publication of inappropriate, defamatory, obscene, or offensive material.
No Responsibility for User Content
Muney Limited does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content uploaded to the App by its users. By using the App, you acknowledge that you may be exposed to materials that are incorrect, misleading, or otherwise objectionable. Muney Limited disclaims all liability arising from your use of or reliance on any content posted on the platform.
Waiver of Rights
By uploading content to the App, you irrevocably waive the right to assert any claims related to the content against Muney Limited or its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, or shareholders. This waiver includes claims for damages or losses resulting from the use of uploaded content by other users or third parties.
Right to Moderate
Notwithstanding the foregoing, Muney Limited reserves the right to take any actions deemed necessary to ensure the integrity and safety of the App, including content moderation and enforcement actions in accordance with our Moderation and Enforcement Policy. Such actions may be taken at Muney Limited’s discretion and without liability.
Changes to these terms
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
We will provide reasonable notice of any such changes, and where material changes are made, we shall use reasonable endeavours to notify you of such change by email or within the App.
If you do not accept the notified changes, you will not be permitted to continue to use the App and the Service.
Update to the App and changes to the Service
From time to time, we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App.
The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.
If someone else owns the phone or device you are using
If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
We are not responsible for other websites you link to
The App may contain links to other third party websites or other services e.g., music streaming services (“Third Party Services”) which are not provided by us. You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
We are not responsible for such Third Party Services and we make no representation or warranty that such Third Party Services are suitable for you and we are not responsible or liable for such services or any loss or issues that result as of your use of such Third Party Services.
Agreeing to our terms and using our App will not give you a licence to use Third Party Services which may require you to sign up to receive those Third Party Services. Any purchase, enabling, or engagement of Third Party Services, including but not limited to any exchange of data between you and any Third Party Services provider, is solely between you and the applicable provider and is subject to the terms and conditions of such Third Party Service provider.
You represent and warrant that your use of any Third Party Service signifies your independent consent to the access and use of your data by the Third-Party Service provider, and that such consent, use, and access is outside our control.
Licence restrictions
You agree that you will:
not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from us;
not copy the App or Documentation except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Documentation nor permit the App to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these terms;
not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (“Permitted Objective”), and provided that the information obtained by you during such activities:
is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
is not used to create any software that is substantially similar in its expression to the App;
is kept secure; and
is used only for the Permitted Objective;
comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App.
Acceptable use restrictions
You must:
not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App or any operating system;
not infringe our intellectual property rights or those of any third party in relation to your use of the App, (to the extent that such use is not licensed by these terms);
not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
not use the App 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 the App or our systems or attempt to decipher any transmissions to or from the servers running the App.
Intellectual property rights
All intellectual property rights in the App and the Documentation throughout the world belong to us (or our licensors) and the rights in the App are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Documentation other than the right to use them in accordance with these terms.
Our responsibility for loss or damage suffered by you
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the App. The App is provided for general information and entertainment purposes only. It does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App. Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App.
Check that the App is suitable for you. The App have not been developed to meet your individual requirements. Please check that the facilities and functions of the App (as described in the Documentation) meet your requirements.
We are not responsible for events outside our control. If the App functionality is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
We may end your rights to use the App if you break these terms
We may end your rights to use the App at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so.
If we end your rights to use the App:
You must stop all activities authorised by these terms, including your use of the App.
You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You need our consent to transfer your rights to someone else
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
No rights for third parties
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which laws apply to this contract and where you may bring legal proceedings
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Updated on: 22/05/2024
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