Lymeta & Co. Cloud Service Terms
Last modified: 2022-06-01
PLEASE READ THESE TERMS CAREFULLY
BY BUYING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT BUY THE APP. This Lymeta & Co. Cloud Service Terms (“Terms”) is a supplement to the Lymeta & Co. Registration Agreement.
The Terms is a valid contract entered into by and between Lymeta & Co Network Technology Co.,Ltd. (“Lymeta”) and all subjects (including but not limited to individuals and teams) (“Users” ,“you”, “your”) who use the Lymeta & Co. Cloud service (“Lymeta & Co. Cloud Service” or this “Service”) with respect to the use of the Lymeta & Co. Cloud Service and relevant services.
By sealing, clicking a web page to confirm or otherwise selecting to accept these service terms, including but not limited to not clicking to confirm these service terms but having actually used the Lymeta & Co. Cloud Service, you and Lymeta & Co have reached an Terms and agree to accept all agreed contents of these service terms. The Terms is applicable to any Lymeta & Co. Cloud Service, including upgrades and updates of various services and software used by the Users during the term of the Terms.
The formation, performance, interpretation and dispute resolution of the Terms shall be governed by the laws of the Laws of England and Wales and shall be subject to the jurisdiction of English Courts where Lymeta & Co is located. If any dispute arises between both Parties regarding the content or performance of the Terms, both Parties shall attempt to solve such dispute through friendly negotiations; if such negotiations fail to result in a settlement, either Party may file a lawsuit to the people’s court at the place where Lymeta & Co is located.
1. Service Contents and Instructions on Use
1.1. The Lymeta & Co. Cloud Service is a cloud service platform that provides the Users with uploading space and technically supported information storage space and provides the Users with online services such as personal data storage, synchronization, management and sharing. The Lymeta & Co. Cloud Service does not directly upload or provide contents by itself and does not make any modification or edit to any content transmitted by the Users.
1.2. The Users understand that the Lymeta & Co. Cloud Service only includes relevant online services such as data storage, and except for this, equipment relating to relevant network services (such as personal computers, mobile phones and other devices relating to access to the Internet or the mobile network) and necessary expenses (such as the telephone fee and Internet access fee paid for access to the Internet and the data fee paid for use of the mobile network) shall be borne by the Users themselves. Lymeta & Co reserves the right to limit the number of Accounts that may be created from a device and the number of devices associated with an Account. The latest version of required software may be required for certain functions or features. You agree that meeting these requirements is your responsibility.
1.3. To use the Service, you cannot be a person barred from receiving the Service under the laws of any applicable jurisdictions, including the country in which you reside or from where you use the Service. By accepting the Terms, you represent that you understand and agree to the foregoing.
1.4. The Users shall not misuse the Lymeta & Co. Cloud Service, and content providers and users shall be responsible for uploading and use of any instant messages, emails, information, data, texts, software, music, audios, photos, images, videos, messages and the Users’ registration information or other information (“Users Provided Contents”) uploaded, posted, sent or otherwise transmitted by this Service, whether transmitted publicly or privately. As the provider of the Lymeta & Co. Cloud Service, Lymeta & Co is unable to control the Users Provided Contents transmitted by this Service or to fully control the use thereof by the Users, and therefore, it cannot guarantee the legality, correctness, completeness, authenticity or quality of the Users Provided Contents; you have foreseen that when using this Service, you may have access to unpleasant or inappropriate Users Provided Contents, and agree that you will make your own judgment and bear all risks without relying on the Lymeta & Co. Cloud Service.
1.5. If the use of the Lymeta & Co. Cloud Service by the Users is not in compliance with the Terms, Lymeta & Co has the right to supervise the use of the Lymeta & Co. Cloud Service by the Users, and if by check, notification, reporting or other ways, Lymeta & Co finds that the Users breach any provision of the Terms when using the Lymeta & Co. Cloud Service, Lymeta & Co has the right to require the Users to make correction or directly take all measures that Lymeta & Co deems necessary (including but not limited to deleting the Users Provided Contents uploaded by the Users, changing the authority of the Users, or suspending or terminating the right of the Users to use the Lymeta & Co. Cloud Service) to reduce the impact caused by the Users’ misconduct.
1.6. If the use of the Lymeta & Co. Cloud Service by the Users is not in compliance any applicable law and regulations, when finding such non-compliance by such ways as notification or reporting, Lymeta & Co has the right to make an independent judgment and to immediately stop providing the Users with part or all of the Lymeta & Co. Cloud Service without notifying the Users in advance. If the use of the Service violates any applicable laws and regulations, when relevant authorities query or retrieve the business data of the Users, Lymeta & Co is obliged to provide cooperation according to the requirements of the relevant laws and regulations or policy documents and make disclosures to third parties or authorities such as administrative or judicial authorities; if the Users’ acts and use of the Lymeta & Co. Cloud Service results in any claim by any third party or any damage or loss is thus caused, the Users shall bear all liabilities and indemnify and make Lymeta & Co whole against any damage or loss.
Lymeta & Co reserves full and indivisible ownership and intellectual property of the following contents and information:
2.1. Except for the Users Provided Contents, the Lymeta & Co. Cloud Service and all elements thereof, including but not limited to all contents, data, technologies, software, codes, user interfaces and any derivative works relating thereto.
2.2. Without the consent of Lymeta & Co, any information and feedbacks provided by the Users to the Lymeta & Co. Cloud Service and relating to the services of this platform may not be directly or indirectly released or broadcasted on any media or be rewritten or reissued for the purpose of broadcasting or releasing or be used for any other business purpose. The above data or any part thereof may only be stored in the computers of the Users for private purposes. The Lymeta & Co. Cloud Service will not bear any legal or economic liability to the Users or any third party in any way for any delay, inaccuracy, error or omission arising from the above data or arising during transmission or submission of all or part of the above data or any damages resulting or arising therefrom.
2.3. All rights to any software (including but not limited to any images, photos, animations, video or audio recordings, music, texts and additional programs or attached help materials contained in such software) used by the Lymeta & Co. Cloud Service for providing network services shall belong to the copyright owner of such software. The Users shall not commit any act that allegedly infringes upon copyrights. Without the permission of the copyright owner of such software, the Users may not reverse engineer, decompile or disassemble such software or otherwise discovers its original codes.
3. Undertakings and Warranties
3.1 The Users warrant that when using the Lymeta & Co. Cloud Service, they may not directly or indirectly:
1)delete, conceal or change any patent, copyright, trademark or other ownership statement shown or contained in the Lymeta & Co. Cloud Service;
2)disrupt or attempt to disrupt, in any way, the normal operation of any part or function of the Lymeta & Co. Cloud Service or the website of Lymeta & Co;
3)circumvent or attempt to circumvent or claim that they can circumvent any content protection mechanism or any tool of the Lymeta & Co. Cloud Service;
>4)without the prior written consent of Lymeta & Co, use any registered or unregistered works, service marks, logos, URLs or other marks originating from Lymeta & Co in written or graphic forms;
5)use any mark, including but not limited to using any mark of Lymeta & Co in a manner that taints, impairs or damages the rights of the owner of such mark, or impose or purport to impose any obligation or grant any right or authority for themselves or to any other person in a manner that breaches the Terms; except as otherwise designated by Lymeta & Co in writing, the Users may not export any user information, and shall stop using and delete any user information or other contents of the Lymeta & Co. Cloud Service within 24 hours after obtaining them.
6) show or otherwise provide any user information to any non-original users without the prior consent of the original users;
>7) request, collect, solicit or otherwise obtain from any user any access right to the account numbers, passwords or other authentication credentials of Lymeta & Co;
8) represent authentication credentials for any user to automatically log on to any account of Lymeta & Co;
9) provide tracking functions, including but not limited to identifying views or operations by other users on personal homepages;
10) automatically direct browser windows to other web pages;
11) without authorization, pose as others or obtain access right to the Lymeta & Co. Cloud Service; or
12) without the express consent of a User, let any other person identify such User in person.
If any User violates any of the above warranties, Lymeta & Co has the right to give a warning to such User, block such User, up to cancelling the qualification of such User, depending on the circumstances.
If any User violates any of the above warranties and thus causes any loss to the Lymeta & Co. Cloud Service, any other User of the Lymeta & Co. Cloud Service or any partner of Lymeta & Co and its affiliates, such User shall bear all legal liabilities and compensate for such loss by himself/itself.
3.2. Undertakings of the Users:
1) They have obtained valid authorization from the right holders (if any) of the Users Provided Contents uploaded, posted, transmitted or otherwise disseminated using the network services provided by the Lymeta & Co. Cloud Service, and have reached agreements with the foregoing right holders regarding distribution of rights and interests, and warrant that they have full, complete and flawless ownership or intellectual property before submitting or uploading the relevant Users Provided Contents to the Lymeta & Co. Cloud Service;
2) The Users Provided Contents uploaded, posted, transmitted or otherwise disseminated by the Users using the network services provided by the Lymeta & Co. Cloud Service shall not contain any information that violates laws, regulations or policies of the State.
3) The Users may not use this Service for any illegal purpose; may not use the network services of Lymeta & Co in any way to infringe upon the commercial interests of Lymeta & Co, including but not limited to publishing commercial advertisements that have not been permitted by Lymeta & Co; and may not use the network service system of the Lymeta & Co. Cloud Service to commit any act that may adversely affect the normal operation of the Internet or mobile network.
4) The Users may not engage in the following activities using the Lymeta & Co. Cloud Service:
i. without permission, entering any computer information network or using any computer information network resources;
ii. without permission, deleting, modifying or adding any computer information network function;
iii. without permission, deleting, modifying or adding any data or applications stored, processed or transmitted in any computer information network;
iv. committing any act that undermines or attempts to undermine network security (including but not limited to phishing, hacking, Internet fraud, containing or allegedly spreading in websites or space: viruses, Trojan and malicious codes, and allegedly attacking other websites or servers by virtual servers, such as scanning, sniffing, ARP deception and DOS); and
v. Other acts that jeopardize computer information network security.
5) If any Users Provided Content uploaded, posted, transmitted or otherwise disseminated by the Users using the
network services provided by the Lymeta & Co. Cloud Service has any right flaw or infringes upon the legitimate rights and interests of any third party (including but not limited to patents, trademarks, copyrights and copyright neighbouring rights, portrait rights, privacy rights and reputation rights), and therefore, Lymeta & Co or any other entity cooperating with Lymeta & Co faces any complaint, whistleblowing, inquiry, claim or litigation; or Lymeta & Co or any other entity cooperating with Lymeta & Co thus suffers any loss of honor, reputation or property, the Users shall actively take all possible measures to ensure that Lymeta & Co and such other entity cooperating with Lymeta & Co are not affected by such claim or litigation. Meanwhile, the Users shall bear all liabilities for compensation for direct and indirect economic losses thus suffered by Lymeta & Co and such other entity cooperating with Lymeta & Co.
4. Protection of Intellectual Property
If other users are allowed to download, view, listen to or otherwise access or distribute the Users Provided Contents, the Users shall guarantee that the posting of such Users Provided Contents and the relevant acts comply with relevant copyright policies in the relevant intellectual property laws and regulations, including but not limited to:
4.1 When receiving an infringement notice sent by Lymeta & Co or any other third party, the Users shall immediately delete or prohibit access to the infringing contents declared, and contact the person who delivers the notice to understand detailed information; or submit contrary evidence within five working days, including but not limited to: (1) the subject information of the party against whom the complaint is made and relevant materials; (2) the viewpoint of the party against whom the complaint is made regarding the complaint; (3) preliminary evidence of no infringement; and (4) warranties made by the party against whom the complaint is made.
4.2 The Users acknowledge and agree that Lymeta & Co will handle, according to relevant laws and regulations, qualified infringement notices sent by third parties, and according to requirements, delete or prohibit access to the infringing contents declared and adopt and implement proper policies in attempt to prevent repeated infringements under corresponding conditions.
5. Privacy Protection
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Additional terms for specific Services
[DESCRIPTION OF SERVICE]
[DESCRIPTION OF SERVICE]
Lymeta & Co
5.1 Lymeta & Co will not make public or provide to any third-party non-public contents that the Users store on the Lymeta & Co. Cloud Service, unless under the following circumstances:
- 1) Specified by the relevant laws and regulations or by the lawful service procedures for the Lymeta & Co. Cloud Service;
- 2) For the purpose of safeguarding the rights and interests of the Users and the public in case of emergency;
- 3) For the purpose of safeguarding the trademark, patent and any other legitimate rights and interests of Lymeta & Co; and
- 4) Any other circumstance under which personal information shall be made public, processed or disclosed according to law.
6.1 You may activate a Free Trial by clicking “Activate Free Trial” under “Device’ in Lymeta & Co. app. You may enjoy the Free Trial once for each Lymeta & Co. device.
6.2 During the Free Trial, if you pay for regular subscription plan (“Paid Subscription”), it will become effective immediately. The Free Trial will be suspended and the remaining time will resume automatically once the Paid Subscription expires.
6.3 Subscription fees are billed or charged on the first day of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, Lymeta & Co. reserves the right to cancel your subscription and to collect any rejection or insufficient funds fee and to process any such payment by the payment method you have submitted to us
6.4 During your Paid Subscription, if you buy another subscription plan, the term of the new subscription plan will be added to the existing Paid Subscription. Once the existing Paid Subscription expires, the new subscription plan will start immediately.
6.5 Type of Paid Subscription
1) Cloud Storage Subscription
Cloud Storage Subscription is currently only available in some countries and regions. Event-based videos can be stored in the Cloud for up to 30 days, and you can view them at any time convenient to you. Days for the event-based video history are as follows:
Days For Videos History
*Explanation: Take 3 days annual subscription for example, once the subscription is activated, the content of the most recent 3 days will be saved. If the subscription starts on September 5, 2021, the video on September 5, 2021, will be saved until September 7, 2021 and deleted on September 8, 2021. On September 5, 2022, the subscription will expire and no new video will be saved or uploaded. All saved data will be permanently deleted on September 7, 2022, and cannot be viewed again. *Pricing and details may vary among countries and regions, please refer to the subscription page on your Lymeta & Co. App for final information.
2) Lymeta & Co. Protect Subscription
Lymeta & Co. Protect Subscription is available only for some countries and regions. You may enjoy the bundled benefits of Lymeta & Co. Protect Subscription listed as follows after you subscribe correspondingly:
All of your event-based videos are saved in the cloud for up to 30 days so you can review them at your convenience.
You can share part of the functional permissions of the Lymeta & Co. device to your friends. Friends who have obtained the permissions can use the corresponding functions of the device.
Push Notifications with Thumbnails
You can get notifications with thumbnails right on your phone’s lock screen.
Person, Pet, Vehicle & Package Detection. When the target (including but not limited to Person, Pet, Vehicle, & Package) appears in the video recording, you will get notifications on the Lymeta & Co. app.
AI Detection is an experimental function, you could choose to share this video with Lymeta & Co to help us improve the accuracy of AI Detection.
Download SD card recordings
You can download SD card recordings anywhere and anytime
*The benefits and Pricing of Lymeta & Co. Protect Subscription may be differentiated by country and Grade, please update the Lymeta & Co. App to the latest version, and refer to the subscription page on your Lymeta & Co. App for final information.
6.6 Payment of Paid Subscription : Lymeta & Co. provides automatic monthly renewal and automatic annual renewal for the above Paid Subscriptions, if you purchase a automatically renewing subscription, you agree that Lymeta & Co. will charge on the first day of each billing period for the relevant subscription, and you may cancel the subscription any time before the end of the current billing period and the cancellation will take effect at the end of the current billing period.
6.7 To activate a subscription, you may click open Lymeta & Co. app or PC software, then click devices and the cloud service logo and choose the subscription for purchase. If you have prepaid card for Lymeta & Co. cloud service, you can start the subscription by entering the code.
6.8 The Services will be triggered only when the camera detects movements of humans or other physical items. Then the camera will start recording and upload the data to the Lymeta & Co. Cloud. For the Lymeta & Co. Cloud Service to function properly, you need at least 512k bandwidth for each channel of the device. If the device cannot connect to the Service because it is offline, out of power, or deleted, or due to insufficient bandwidth, it will be unable to save or upload videos.
6.9 If you deactivate your existing subscription, your device will stop uploading videos to the cloud; however, your existing subscription term will not be extended and will expire at the end of the original term. You will not be eligible for any prorated refund of any portion of the subscription fee paid for that subscription plan.
7 Disclaimer Statement
7.1 Considering the particular nature of network services, the Users agree that the Lymeta & Co. Cloud Service has the right to change, interrupt or terminate part or all of network services at any time. If the network services that are changed, interrupted or terminated are free, the Lymeta & Co. Cloud Service does not need to notify the Users separately, nor does it need to bear any liability to any User or any third party.
7.2 The Users understand that the Lymeta & Co. Cloud Service needs to regularly or irregularly inspect and repair or maintain the platform that provides network services or relevant equipment, and if due to such circumstances, any fee-based service is interrupted within a reasonable period of time, the Lymeta & Co. Cloud Service does not need to bear any liability for such interruption, provided, however, that the Lymeta & Co. Cloud Service shall give a prior notice to the extent possible.
7.3 The Lymeta & Co. Cloud Service may change this Service or delete a part of its functions at any time for any reason. The Lymeta & Co. Cloud Service may cancel or terminate services to the Users at any time. The decision of the Lymeta & Co. Cloud Service to cancel or terminate services requires no reason or notification to the Users. Once services are cancelled, the rights of the Users to use this Service shall immediately terminate. Once this Service is cancelled or terminated, any information that the Users store in this Service may be unrecoverable.
7.4 The Lymeta & Co. Cloud Service does not warrant (including but not limited to):
1) The Lymeta & Co. Cloud Service is suitable for the usage requirements of the Users;
2) The Lymeta & Co. Cloud Service is undisturbed, timely, safe, reliable or error fee; and any product, service or other material that the Users obtain by the Lymeta & Co. Cloud Service meets the expectation of the Users;
3) The Users shall be responsible for the risks of their use of any data downloaded or obtained by the Lymeta & Co. Cloud Service; and if due to such use, the Users’ computer systems are damaged or their data are lost, the Users shall be solely liable for such damage or loss.
4) Once deleted, user data are unrecoverable; the Users shall bear the consequences and liabilities caused by such deletion of data, and the Lymeta & Co. Cloud Service has no obligation to continue to retain, export or return the business data of the Users.
7.5 Regarding any loss of profit, goodwill or data or any other tangible or intangible, direct, indirect, special, consequential or exemplary damages resulting from the following reasons, the Lymeta & Co. Cloud Service will not be liable for any direct or indirect compensation:
- 1) The use or unavailability of the Lymeta & Co. Cloud Service;
- 2) Any product, data or service purchased or obtained by the Lymeta & Co. Cloud Service;
- 3) any change made to the Service;
- 4) the deletion of, corruption of , or failure to store and/or send or receive your transmission or data on or through the Service; and
- 5) Unauthorized use or modification of user data and any other matter relating to the Lymeta & Co. Cloud Service.
7.6. As a registered user of the Service, you must establish an Account. Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Lymeta & Co of any security breach of your Account. You further acknowledge and agree that the Service is designed and intended for personal use on an individual basis and you should not share your Account and/or password details with any other party. Provided Lymeta & Co has exercised reasonable skill and due care, Lymeta & Co shall not be responsible for any losses arising out of the unauthorized use of your Account resulting from you not following these rules.
8.1 If you wish to stop using the Service on your device, you may delete your ID or delete your device . To terminate your Account and delete your ID, you can contact Customer Service at email@example.com. If you terminate your Account and delete your ID, you will not have access to the Services with that ID. This action may be non-reversible. Any fees paid by you prior to your termination are non-refundable (except as expressly permitted otherwise by the Terms), including any fees paid in advance for the billing year during which you terminate. Termination of your Account shall not relieve you of any obligation to pay any accrued fees or charges.
8.2 Lymeta & Co may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your Account and/or access to the Service. Cause for such termination shall include: (a) violations of the Terms or any other policies or guidelines that are referenced herein and/or posted on the Service; (b) a request by you to cancel or terminate your Account; (c) a request and/or order from law enforcement, a judicial body, or other government agency; (d) where provision of the Service to you is or may become unlawful; (e) unexpected technical or security issues or problems; (f) your participation in fraudulent or illegal activities; or (g) failure to pay any fees owed by you in relation to the Service, provided that in the case of non-material breach, Lymeta & Co will be permitted to terminate only after giving you 30 days’ notice and only if you have not cured the breach within such 30-day period. Any such termination or suspension shall be made by Lymeta & Co in its sole discretion and Lymeta & Co will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your Account and/or access to the Service. In addition, Lymeta & Co may terminate your Account upon 30 days’ prior notice via email to the address associated with your Account if (a) your Account has been inactive for one (1) year; or (b) there is a general discontinuance of the Service or any part thereof. Notice of general discontinuance of service will be provided as set forth herein, unless it would not be reasonable to do so due to circumstances arising from legal, regulatory, or governmental action; to address user security, user privacy, or technical integrity concerns; to avoid service disruptions to other users; or due to a natural disaster, a catastrophic event, war, or other similar occurrence outside of Lymeta & Co’s reasonable control. In the event of such termination, Lymeta & Co will provide you with a pro rata refund of any pre-payment for your then-current paid term.
9.1 The final right to interpret the Terms shall be vested in Lymeta & Co.
9.2 Terms Lymeta & Co reserves the right to amend the Terms at any time, and such amendments will be published on the website of the Lymeta & Co. Cloud Service. If any User disagrees with any amendment made by the Lymeta & Co. Cloud Service to any provision of the Terms, such User is entitled to cease to use the Lymeta & Co. Cloud Service. If such User continues to use the Lymeta & Co. Cloud Service, then such User shall be deemed to have accepted the amendment made by Lymeta & Co to the relevant provision of the Terms.
9.3 All notices to the Users from the Lymeta & Co. Cloud Service hereunder may be given by webpage announcements, emails or regular mails; such notices shall be deemed to have been given to the recipient on the day they are sent.
9.4 If any provision of the Terms is invalid or unenforceable in whole or in part for any reason, the remaining provisions of the Terms shall remain valid and enforceable.
9.5 If any provision of the Terms shall survive the termination of the Terms by its nature or otherwise, such provision shall be deemed to survive the termination of the Terms, including but not limited to warranties, confidentiality clauses, intellectual property clauses, and governing law and dispute resolution clauses.
9.6 Certain Content, components or features of the Service may include materials from third parties and/or hyperlinks to other web sites, resources or Content. Because Lymeta & Co may have no control over such third party sites and/or materials, you acknowledge and agree that Lymeta & Co is not responsible for the availability of such sites or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any Content, advertising, products or materials on or available from such sites or resources. You further acknowledge and agree that Lymeta & Co shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such Content, advertising, products or materials on or available from such sites or resources.
9.7 Export Control. Use of the Service and Software, including transferring, posting, or uploading data, software or other Content via the Service, may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Service, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Service for any purposes prohibited by any applicable law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You further agree not to upload to your Account any data or software that is: (a) subject to International Traffic in Arms Regulations; or (b) that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software and source code, without first obtaining that authorization. This assurance and commitment shall survive termination of the Terms.
9.8 Please contact Customer Service at firstname.lastname@example.org if you have any inquiries.
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 not liable for damage to your property. We are not 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.
Limitations to the App and the Services. The App and the Services are provided for general information and entertainment purposes only. They do 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 or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, 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 or the Service.
Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the appstore site and in the Documentation) meet your requirements.
We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services 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 but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
We may end your rights to use the App and the Services if you break these terms
We may end your rights to use the App and Services 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 and Services:
- You must stop all activities authorised by these terms, including your use of the App and any Services.
- 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 remotely access your devices and remove the App from them and cease providing you with access to the Services.
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.
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 give you at least 30 days notice of any change by sending you an SMS with details of the change or notifying you of a change when you next start the App.
If you do not accept the notified changes you may continue to use the App and the Service in accordance with the existing terms but certain new features may not be available to you