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Sparkol beta terms and conditions

Last updated: 21 July 2016


APP LICENCE AND USER TERMS FOR BETA VERSIONS 

You, the subscriber, agree to be bound by these terms, to comply with them, and to ensure that all your users (as defined below) comply with them. They continue to apply after your subscription has ended. Please note that they include terms which exclude and restrict our liability even if we have been negligent.

The app is made available by us, Sparkol Ltd, a company incorporated in England and Wales (number 06762963). Our registered office and main trading address is 5th Floor, 1 Temple Way, Bristol, BS2 0BY, UK).

1 INTERPRETATION  IN THESE TERMS: 
app: means the code that provides the app’s functionality and the Sparkol content;
premium content: means any Sparkol content that we have identified as premium content on our website or in an app;
product description: means the description of the app, the Sparkol content, and the services we provide in connection with the app which appears on our website (www.sparkol.com);
project: means a collection or sequence of images (still or moving) of any kind, text, data, music, speech and other sounds created or used with the app by one or more of your users under your app account which is intended to be used with the app as a single entity - projects with some apps may be known by another name, such as “scribes”, “drops”,”tawes” or “melds” ;

Sparkol content: means any images (still or moving) of any kind, text, music, speech and other sounds made available by us for use with the app code, including premium content;
you: means the person who has subscribed to the app, which may be a company, a firm or an individual;

your users: means you and anyone else who uses the app through your app account and either does so with your permission or works for you;

your content: means any images (still or moving) of any kind, text, music, speech and other sounds, and data used with the app by your users, except those which are Sparkol content;

Any use of the app by your users is deemed to be use by you, and any project created or used by your users is deemed to be your project, and references to “your use” and “your project” in these terms and our acceptable use policy include any use by your users and any project created or used by your users;

“we” and “us” refer to Sparkol and “our” means “Sparkol’s”;

“PERSON” INCLUDES AN INDIVIDUAL, A PARTNERSHIP AND A CORPORATION OF ANY KIND, NO MATTER WHERE IN THE WORLD HE OR IT IS RESIDENT, DOMICILED, INCORPORATED OR ESTABLISHED;

A REFERENCE YOUR SUBSCRIPTION ENDING INCLUDES ITS TERMINATION;

EXAMPLES INTRODUCED BY THE WORDS “INCLUDING”, “INCLUDE” OR ANY SIMILAR EXPRESSION ONLY EMPHASISE THAT THOSE EXAMPLES ARE INCLUDED AND DO NOT LIMIT THE SENSE OF ANY PRECEDING WORDS;

A REFERENCE TO THE SINGULAR OR THE PLURAL INCLUDES BOTH, AND A REFERENCE TO ANY GENDER INCLUDES ALL GENDERS;

A REFERENCE TO A STATUTE OR A STATUTORY PROVISION IS TO THAT STATUTE OR PROVISION AS IT IS IN FORCE FROM TIME TO TIME.

2 THE APP AND OUR SERVICES

2.1 EXCEPT TO THE EXTENT THAT ANY SUCH TERM IS TO BE TREATED AS BEING INCLUDED BY VIRTUE OF THE CONSUMER PROTECTION ACT 2015 AND CANNOT BE EXCLUDED, IT IS NOT A TERM OF YOUR AGREEMENT WITH US THAT THE APP IS OF SATISFACTORY QUALITY OR HAS ANY PARTICULAR FUNCTIONALITY, OR THAT WE WILL CORRECT ANY DEFECTS IN THE APP OR DEVELOP IT FURTHER.

2.2 SPARKOL CONTENT IS AS DESCRIBED IN THE PRODUCT DESCRIPTION, BUT THE APP MAY NOT WORK AS DESCRIBED IN THE PRODUCT DESCRIPTION: IT IS NOT A FINISHED PRODUCT AND IT IS STILL UNDERGOING DEVELOPMENT AND TESTING. IT IS BEING MADE AVAILABLE TO YOU FREE OF CHARGE SO THAT YOU MAY HAVE EARLY ACCESS TO IT AND SO THAT YOUR USERS MAY CONTRIBUTE TO ITS TESTING AND SUBMIT THEIR FEEDBACK ON IT WITH A VIEW TO INFLUENCING AND SPEEDING UP ITS DEVELOPMENT. IT IS MADE AVAILABLE TO YOU “AS IS”. IN PARTICULAR: ITS FUNCTIONALITY MAY NOT BE AS DESCRIBED IN THE PRODUCT DESCRIPTION; IT MAY NOT BE OF SATISFACTORY QUALITY; IT MAY CONTAIN DEFECTS; IT MAY NOT BE FIT FOR ANY PARTICULAR PURPOSE; IT MAY NOT MEET YOUR REQUIREMENTS; IT MAY NOT BE COMPATIBLE WITH YOUR HARDWARE OR SOFTWARE; IT MAY NOT BE SECURE. ALTHOUGH WE DO NOT BELIEVE THAT IT CONTAINS ANY SERIOUS DEFECTS, IT MAY DO AND BY DOWNLOADING IT YOU ACCEPT THE RISK THAT IT MAY DAMAGE, DESTROY, CORRUPT OR DELETE YOUR HARDWARE, SOFTWARE OR DATA. YOU SHOULD NOT USE THE APP WITH ANY PERSONAL DATA OR CONFIDENTIAL INFORMATION IF ITS LOSS, CORRUPTION OR UNAUTHORISED DISCLOSURE MIGHT RESULT IN ANY LOSS, DAMAGE OR DISTRESS TO ANY PERSON.

2.3 WE DO NOT PROVIDE ANY SUPPORT SERVICE IN CONNECTION WITH THE APP, BUT WE MAY TAKE ACCOUNT OF ANY FEEDBACK YOUR USERS MAY PROVIDE - THIS SHOULD BE DONE BY SUBMITTING A SUPPORT TICKET IN THE NORMAL MANNER.

2.4 WE DO NOT UNDERTAKE TO CORRECT ANY DEFECTS IN THE APP OR TO DEVELOP IT FURTHER AND WE MAY REMOVE ANY FUNCTIONALITY FROM THE APP WITHOUT PROVIDING ANY REASON OR WARNING.

2.5 IF WE ISSUE ANY UPDATED VERSIONS OF THE APP, THIS WILL BE AS PART OF OUR DEVELOPMENT AND TESTING PROCESS AND NOT AS PART OF OUR SERVICE TO YOU.

2.6 WE WILL PROVIDE ANY SERVICES ASSOCIATED WITH THE APP (SUCH AS DATA STORAGE) WITH REASONABLE CARE AND REASONABLE SKILL, BUT IT IS NOT A TERM OF YOUR AGREEMENT WITH US THAT THOSE SERVICES WILL ACHIEVE ANY PARTICULAR OUTCOME.

2.7 YOU CONSENT TO THE INSTALLATION OF SOFTWARE AND SOFTWARE UPDATES ON YOUR DEVICE, AND THE EXCHANGE OF INFORMATION BETWEEN YOUR DEVICE AND OUR SYSTEMS, FOR THE PURPOSES OF ENABLING THE APP TO FUNCTION AND IMPROVING IT.

3 USE OF THE APP

3.1 YOU MUST USE THE APP ONLY AS PERMITTED BY THESE TERMS AND WITHIN THE SCOPE OF YOUR SUBSCRIPTION.

3.2 YOU MUST ENSURE THAT THE NUMBER OF YOUR USERS DOES NOT EXCEED THE NUMBER PERMITTED BY YOUR SUBSCRIPTION AND THAT EACH OF YOUR USERS: WORKS FOR YOU; HAS READ AND ACCEPTED THESE TERMS; USES THE APP ONLY ON YOUR BEHALF; COMPLIES WITH OUR ACCEPTABLE USE POLICY; HAS AGREED THAT WE MAY USE INFORMATION ABOUT HIM IN ACCORDANCE WITH OUR PRIVACY POLICY.

3.3 You must ensure that only one individual knows the primary username and associated password for your app account, and that each of your users keeps his own password secret.

3.4 Unless and until you tell us that you believe someone is using the app through your app account without your permission, anyone using it through your app account is deemed to be one of your users and you will be liable for that use. This does not apply if that person does not work for you and did not acquire a username or password through you, your authorised users or anyone who works for you, but it is for you to prove that this is the case.

3.5 WHILE YOUR SUBSCRIPTION IS CURRENT:
(A) YOU MAY USE THE APP TO CREATE, EDIT AND USE YOUR PROJECTS;
(B) YOU MAY STORE YOUR PROJECTS ON OUR SYSTEM OR YOUR SYSTEM;
(C) YOU MAY CHARGE ANYONE FOR USING YOUR PROJECTS (BUT NOT THE APP).

3.6 ONCE YOUR SUBSCRIPTION HAS ENDED:
(A) YOU WILL NOT BE ABLE TO CREATE OR EDIT ANY PROJECTS, STORE ANY PROJECTS ON OUR SYSTEM, OR ACCESS OR USE ANY PROJECTS WHICH ARE ON OUR SYSTEM;
(B) YOU MUST NOT SELL YOUR PROJECTS OR CHARGE ANYONE FOR USING EITHER YOUR PROJECTS OR THE APP;
(C) WE MAY RETAIN ANY OF YOUR PROJECTS WHICH ARE ON OUR SYSTEM FOR AS LONG AS WE WISH BUT WE MAY PERMANENTLY DELETE ANY OF YOUR PROJECTS FROM OUR SYSTEM WITHOUT WARNING;
(D) PROVIDED YOUR SUBSCRIPTION LASTED AT LEAST ONE MONTH AND YOUR APP ACCOUNT REMAINS ACTIVE, YOU WILL BE ABLE TO USE ANY OF YOUR PROJECTS WHICH ARE STORED ON YOUR SYSTEM.

3.7 YOU MAY USE YOUR PROJECTS WITH THE APP FOR PRIVATE OR COMMERCIAL PURPOSES BUT YOU MUST NOT CHARGE ANYONE FOR USING THE APP OR ALLOW ANYONE TO USE THE APP EXCEPT FOR THE PURPOSES OF VIEWING OR USING YOUR PROJECTS.

3.8 SPARKOL CONTENT MAY ONLY BE USED WITH THE APP AND YOU MAY ONLY USE IT FOR CREATING AND USING YOUR PROJECTS.

3.9 You must not use the app, or create or use a project, in any way that infringes any rights of any third party or in connection with any offence, libel or slander, or in any way that is unlawful, unreasonably causes any person distress or offence, or brings our name into disrepute.

3.10 You must not modify the app in any way, combine it with any other software, or give any indication that it is anything other than an app that has been created and distributed by Sparkol.

4 PREMIUM CONTENT

YOU WILL HAVE TO PAY AN ADDITIONAL CHARGE TO USE PREMIUM CONTENT. THE CHARGE WILL BE SHOWN WHEN YOU SELECT THE CONTENT AND BEFORE YOU INCUR ANY CHARGES FOR IT. PREMIUM CONTENT MAY HAVE BEEN PROVIDED BY A THIRD PARTY, BUT WHERE THAT IS THE CASE WE HAVE THE RIGHT TO ALLOW YOU TO USE IT IN ACCORDANCE WITH THESE TERMS.

5 APP-SPECIFIC TERMS

THE TERMS IN THIS CLAUSE 5 ONLY APPLY TO THE APPS AND/OR PREMIUM CONTENT MENTIONED:
VIDEOSCRIBE
YOU WILL BE CHARGED EACH TIME YOU DOWNLOAD ANY PREMIUM CONTENT, EVEN IF YOU HAVE ALREADY PAID FOR THE SAME ITEM, BUT IF YOU STORE IT ON YOUR SYSTEM YOU MAY USE IT WITHIN ANY NUMBER OF VIDEOSCRIBE PROJECTS WITHOUT HAVING TO PAY A FURTHER CHARGE.

6 INTELLECTUAL PROPERTY RIGHTS

6.1 WE WILL NOT ACQUIRE ANY RIGHTS TO YOUR PROJECTS OR YOUR CONTENT EXCEPT THAT YOU AUTHORISE US TO USE YOUR PROJECTS, BOTH WHILE YOUR SUBSCRIPTION IS CURRENT AND AFTER IT HAS ENDED, IN THE COURSE OF MAKING THE APP’S FUNCTIONALITY AVAILABLE TO YOU AND PROVIDING OUR SUPPORT SERVICES TO YOU.

6.2 YOU WILL NOT ACQUIRE ANY TITLE, RIGHT, OR INTEREST TO OR IN THE APP, ALL OF WHICH ARE RETAINED BY US OR THE PERSONS WHO HAVE LICENSED ANY PARTS OF THE APP TO US.

7 TECHNICAL PROTECTION MEASURES
THE APP AND THE INTELLECTUAL PROPERTY IN IT ARE PROTECTED BY TECHNICAL MEASURES TO PREVENT UNAUTHORISED USE AND YOU MUST NOT REMOVE OR CIRCUMVENT ANY OF THEM.

8 EXCLUSIONS AND RESTRICTIONS OF OUR LIABILITY

8.1 BECAUSE THE APP IS AN UNFINISHED TEST VERSION THAT IS MADE AVAILABLE TO YOU FREE OF CHARGE FOR TESTING, WE WILL NOT HAVE ANY LIABILITY TO YOU FOR ANY LOSS, DAMAGE, COSTS OR EXPENSES YOU MIGHT SUFFER OR INCUR AS A CONSEQUENCE OF ANY DEFECT IN, OR UNAVAILABILITY OF, THE APP.

8.2 WE WILL NOT BE LIABLE FOR ANY OF THE FOLLOWING:
(A) LOSS OR DAMAGE RESULTING FROM THE DELETION OF YOUR PROJECTS FROM OUR SYSTEM AFTER YOUR SUBSCRIPTION HAS ENDED, OR ANY COSTS AND EXPENSES ASSOCIATED WITH THEIR RECONSTRUCTION;
(B) INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE;
(C) LOSS OR DAMAGE OF OR TO REPUTATION, GOODWILL, BUSINESS, REVENUE, PROFIT OR EXPECTED SAVINGS;
(D) LOSS OR DAMAGE OF OR TO ANY SOFTWARE OR DATA (INCLUDING YOUR CONTENT AND YOUR PROJECTS) WHICH YOU COULD REASONABLY HAVE AVOIDED BY MAKING A BACKUP COPY OF IT;
(E) ANY UNAUTHORISED ACCESS TO, OR USE OR DISCLOSURE OF, YOUR CONTENT OR PROJECTS BY ANY PERSON WHO IS NOT ASSOCIATED WITH US EXCEPT TO THE EXTENT THAT THE RESULTING LOSS AND DAMAGE IS RECOVERABLE UNDER THE DATA PROTECTION ACT;
(F) ANY FINE, PENALTY, TAX OR OTHER LEVY IMPOSED ON YOU OR ANOTHER USER BY ANY COURT, TRIBUNAL OR REGULATOR (INCLUDING THE UK INFORMATION COMMISSIONER) IN CONNECTION WITH YOUR PROJECTS OR YOUR USE OF THE APP;
(G) ANY COSTS OR EXPENSES INCURRED BY YOU OR ANOTHER USER IN AVOIDING OR DEALING WITH ANY INVESTIGATION, ACTION OR PROCEEDINGS BROUGHT BY OR BEFORE ANY REGULATOR (INCLUDING THE UK INFORMATION COMMISSIONER) IN CONNECTION WITH YOUR PROJECTS OR YOUR USE OF THE APP.

8.3 WE WILL NOT BE IN BREACH OF CONTRACT, OR LIABLE IN ANY WAY WHATSOEVER, FOR FAILING TO DISCHARGE OUR OBLIGATIONS, OR FOR DOING SO LATE, TO THE EXTENT THAT OUR FAILURE OR DELAY IS A CONSEQUENCE OF ANY FAILURE ON YOUR PART TO DISCHARGE YOUR OBLIGATIONS, OR ANY DELAY ON YOUR PART IN DOING SO, OR ANY CAUSE THAT IS BEYOND OUR REASONABLE CONTROL.

8.4 OUR TOTAL LIABILITY FOR ALL LOSS, DAMAGE, COSTS AND EXPENSES RESULTING FROM, ARISING OUT OF, OR RELATING TO YOUR USE OF THE APP OR YOUR AGREEMENT WITH US WILL BE LIMITED TO £100. WHEN APPLYING THIS LIMIT, ANY LIABILITY THAT IS UNRESTRICTED BY VIRTUE OF CLAUSE 8.6 IS TO BE TAKEN INTO ACCOUNT FIRST, SO THAT OUR LIABILITY FOR ANY OTHER LOSS, DAMAGE, COSTS AND EXPENSES MAY BE REDUCED OR EVEN EXTINGUISHED.

8.5 THE EXCLUSIONS AND RESTRICTIONS OF OUR LIABILITY IN THIS CLAUSE 8 COVER ALL LOSS, DAMAGE, COSTS AND EXPENSES OF THE KIND DESCRIBED NO MATTER WHAT THE BASIS FOR OUR LIABILITY, AND EVEN IF THEY RESULT FROM OUR NEGLIGENCE OR FROM OTHER NEGLIGENCE FOR WHICH WE WOULD OTHERWISE BE LIABLE.

8.6 THESE TERMS DO NOT AFFECT OR RESTRICT ANY RIGHT OR REMEDY WHICH YOU MIGHT HAVE, OR ANY LIABILITY WHICH WE MIGHT HAVE, FOR ANY OF THE FOLLOWING: PERSONAL INJURY RESULTING FROM NEGLIGENCE, WHETHER OR NOT IT RESULTS IN DEATH; A BREACH OF ANY TERM IMPLIED BY SECTION 2 OF THE SUPPLY OF GOODS AND SERVICES ACT 1982; A BREACH OF ANY TERM WHICH HAS TO BE TREATED AS BEING INCLUDED IN YOUR AGREEMENT WITH US BY VIRTUE OF SECTIONS 49, 50, OR 52 OF THE CONSUMER RIGHTS ACT 2015; FRAUD, FRAUDULENT STATEMENTS AND FRAUDULENT MISREPRESENTATIONS.

9 INDEMNITY

YOU AGREE TO REIMBURSE US IN RESPECT OF ALL LOSS, DAMAGE, REASONABLE COSTS AND REASONABLE EXPENSES WHICH WE SUFFER OR INCUR AS A CONSEQUENCE OF YOUR BREACH OF THESE TERMS. YOUR LIABILITY FOR OUR COSTS AND EXPENSES UNDER THIS CLAUSE 9 IS TO BE ASSESSED ON THE COURT’S “INDEMNITY BASIS” RATHER THAN THE “STANDARD BASIS”, AND YOU AGREE TO PAY THEM EVEN IF YOU WOULD NOT OTHERWISE BE LIABLE FOR THEM.

10 PERSONAL DATA

10.1 WE WILL COMPLY WITH OUR PRIVACY POLICY AND THE DATA PROTECTION ACT 1998. WE ARE REGISTERED AS A DATA CONTROLLER WITH THE UK INFORMATION COMMISSIONER: OUR REGISTRATION NUMBER IS ZA131361. THE OFFICIAL REGISTER AT WWW.ICO.ORG.UK CONTAINS MORE INFORMATION ABOUT THE PERSONAL DATA WE HOLD AS A DATA CONTROLLER AND HOW WE USE IT IN THAT CAPACITY.

10.2 OUR SOFTWARE MAY MONITOR THE SEARCH TERMS YOU USE WITHIN OUR APPS, AND YOUR RESPONSE TO THE SEARCH RESULTS, AND AGGREGATE THIS WITH SIMILAR INFORMATION ACQUIRED FROM OTHER USERS OF OUR APPS IN ORDER TO PROVIDE A RICHER USER EXPERIENCE, INCLUDING “IF YOU LIKE THIS, YOU MAY ALSO LIKE …” FUNCTIONS. THIS INFORMATION IS HELD ONLY AS STATISTICAL INFORMATION - IT IS NOT ASSOCIATED WITH YOU OR YOUR USERS.

10.3 WE WILL STORE ANY PAYMENT CARD DETAILS IN AN ENCRYPTED FORM AND WE WILL HAVE AGREEMENTS WITH ANY COMPANIES WE USE TO PROCESS YOUR PAYMENTS REQUIRING THEM TO DO THE SAME.

10.4 EACH OF YOUR USERS IS ENTITLED TO REQUEST THE FOLLOWING: (I) A COPY OF THE PERSONAL DATA ABOUT HIM WHICH WE HOLD AS A DATA CONTROLLER; (II) ITS SOURCE; (III) THE PURPOSES WE USE IT FOR AS DATA CONTROLLER; (IV) WHO RECEIVES IT, OR MAY RECEIVE IT, FROM US. WE CHARGE £10 FOR PROCESSING EACH REQUEST AND WE WILL PROCESS EACH REQUEST IN ACCORDANCE WITH THE DATA PROTECTION ACT.

10.5 EACH OF YOUR USERS IS ENTITLED TO INSIST THAT WE STOP USING FOR DIRECT MARKETING PURPOSES HIS EMAIL ADDRESS AND ANY PERSONAL DATA ABOUT HIM WHICH WE HOLD AS DATA CONTROLLER.

10.6 IF ONE OF YOUR USERS BELIEVES THAT OUR USE IN A PARTICULAR WAY OF ANY PERSONAL DATA ABOUT HIM WHICH WE HOLD AS DATA CONTROLLER IS CAUSING SOMEONE SUBSTANTIAL AND UNWARRANTED DAMAGE OR DISTRESS, OR IS LIKELY TO DO SO, HE IS ENTITLED TO ASK US TO STOP USING IT THAT WAY AND WE WILL PROCESS HIS REQUEST IN ACCORDANCE WITH THE DATA PROTECTION ACT.

10.7 YOU ARE THE DATA CONTROLLER WITH REGARD TO ANY PERSONAL DATA RECORDED IN YOUR CONTENT AND PROJECTS AND WE ARE ACTING AS YOUR DATA PROCESSOR WITH REGARD TO SUCH DATA. EXCEPT AS REQUIRED OR PERMITTED BY LAW, WE WILL ONLY PROCESS THAT PERSONAL DATA AS PART OF PROVIDING THE APP’S FUNCTIONALITY TO OR FOR YOU. YOU AGREE THAT WE MAY TRANSFER YOUR CONTENT AND PROJECTS TO OTHER COMPANIES AND TO COUNTRIES OUTSIDE THE EEA (WHICH MAY NOT HAVE ADEQUATE LAWS FOR PROTECTING THAT PERSONAL DATA) FOR STORAGE AND PROCESSING ON OUR BEHALF IN THOSE COUNTRIES PROVIDED WE HAVE APPROPRIATE CONTRACTUAL ARRANGEMENTS WITH THOSE COMPANIES WHICH RESTRICT THEIR USE OF YOUR CONTENT AND PROJECTS TO THE PROVISION OF THEIR SERVICES TO US.

11 WHEN WE MAY TERMINATE YOUR SUBSCRIPTION OR CLOSE YOUR APP ACCOUNT

11.1 WE MAY TERMINATE YOUR SUBSCRIPTION, CLOSE YOUR APP ACCOUNT AND/OR PREVENT YOUR ACCESS TO AND USE OF THE APP OR YOUR PROJECTS WITHOUT ANY LIABILITY TO YOU IN ANY OF THE FOLLOWING CIRCUMSTANCES:
(A) IF YOU FAIL TO PAY ANY MONIES DUE TO US IN CONNECTION WITH THE APP BY THE DUE DATE;
(B) IF YOU BREACH ANY OF THESE TERMS IN ANY WAY;
(C) IF YOU USE THE APP OR YOUR PROJECTS IN ANY WAY WHICH, IN OUR REASONABLE OPINION, IS IN BREACH OF THESE TERMS;
(D) IF A THIRD PARTY THREATENS TO START LEGAL PROCEEDINGS AGAINST US BASED ON ANY OF YOUR PROJECTS OR YOUR USE OF THE APP;
(E) IF YOU CHALLENGE OR DISPUTE ANY OF OUR RIGHTS IN OR TO THE APP OR ANY SPARKOL CONTENT, OR THE RIGHTS OF ANY PERSONS WHO HAVE LICENSED ANY PARTS OF THE APP OR SPARKOL CONTENT TO US.

11.2 WE MAY, AT OUR ABSOLUTE DISCRETION, TERMINATE YOUR SUBSCRIPTION, CLOSE YOUR APP ACCOUNT AND PREVENT YOUR USE OF THE APP OR YOUR PROJECTS WITHOUT GIVING ANY REASON OR WARNING, BUT IN THIS CASE WE WILL REFUND ANY MONIES YOU HAVE PAID IN RESPECT OF ANY FUTURE PERIOD.

12 GENERAL TERMS

12.1 WE MAY ANALYSE YOUR USE OF THE APP FOR OUR OWN BUSINESS PURPOSES.

12.2 WE MAY USE YOUR NAME AND TRADEMARKS IN OUR MARKETING MATERIALS TO IDENTIFY YOU AS A USER OF THE APP.

12.3 WE MAY FREELY ASSIGN THE BENEFIT OF YOUR AGREEMENT WITH US.

12.4 IF THESE TERMS REQUIRE YOU NOT TO DO SOMETHING, YOU MUST NOT ATTEMPT TO DO IT OR ALLOW, ASSIST OR ENCOURAGE ANY OTHER PERSON TO DO IT.

12.5 THESE WRITTEN TERMS, AND ANY WHICH HAVE TO BE TREATED AS BEING INCLUDED BY VIRTUE OF THE CONSUMER PROTECTION ACT 2015 AND/OR THE CONSUMER CONTRACTS (INFORMATION, CANCELLATION AND ADDITIONAL CHARGES) REGULATIONS 2013, FORM THE WHOLE AGREEMENT YOU HAVE WITH US. YOU CONFIRM AND PROMISE THAT YOU HAVE NOT RELIED ON ANYTHING ELSE (APART FROM ANY TRIAL OF THE APP YOU MAY HAVE HAD) WHEN DECIDING TO ENTER INTO THAT AGREEMENT, AND THAT YOU WILL NOT CLAIM OTHERWISE.

12.6 OUR ACCEPTANCE OF YOUR SUBSCRIPTION CHARGES, AND OUR PERMITTING YOUR USERS TO USE THE APP, WILL NOT PREVENT US FROM EXERCISING ANY RIGHT OR REMEDY WE MAY HAVE IN RESPECT OF YOUR BREACH OF THESE TERMS EVEN IF WE ARE AWARE OF THE BREACH AT THE TIME, AND YOU AGREE NOT TO CLAIM THAT IT DOES.

12.7 ONLY YOU AND WE (AND OUR SUCCESSORS IN TITLE) MAY ENFORCE THESE TERMS, AND WE DO NOT NEED ANY THIRD PARTY’S CONSENT BEFORE CHANGING THEM OR TERMINATING THE AGREEMENT YOU HAVE WITH US.

12.8 WE MAY CHANGE THESE TERMS AT ANY TIME IN ORDER TO COMPLY WITH ANY LAW, REGULATION OR COURT ORDER, AND BOTH YOU AND WE WILL BE LEGALLY BOUND BY THOSE CHANGES AFTER WE HAVE TOLD YOU ABOUT THEM.

12.9 WE MAY CHANGE THESE TERMS AT ANY TIME, WITHOUT GIVING ANY REASON, AND BOTH YOU AND WE WILL BE LEGALLY BOUND BY THOSE CHANGES AFTER WE HAVE TOLD YOU ABOUT THEM UNLESS YOU END YOUR SUBSCRIPTION WITHIN 7 DAYS. IF YOU DO END YOUR SUBSCRIPTION WITHIN 7 DAYS, WE WILL REFUND ANY MONIES YOU HAVE PAID IN RESPECT OF ANY FUTURE PERIOD.

12.10 EVERY ASPECT OF YOUR AGREEMENT WITH US (INCLUDING ITS FORMATION AND EFFECT) IS GOVERNED BY ENGLISH LAW AND THE ENGLISH COURTS ARE TO HAVE EXCLUSIVE JURISDICTION OVER ANY DISPUTE (CONTRACTUAL OR OTHERWISE) RELATING TO, OR ARISING OUT OF, THE AGREEMENT, THE APP, OR YOUR USE OF IT. AS AN EXCEPTION, YOU OR WE MAY APPLY TO ANY COURT WHICH WOULD OTHERWISE HAVE JURISDICTION FOR AN INJUNCTION (OR AN EQUIVALENT OR SIMILAR ORDER) TO RESTRAIN THE OTHER ONE FROM INFRINGING ITS RIGHTS OR BREACHING THE AGREEMENT.


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