END USER LICENCE AGREEMENT
PLEASE READ THESE LICENCE TERMS CAREFULLY
By installing and accessing or using our App you agree to these terms. If you do not agree to these terms please do not install, access or use our App.
1. WHO WE ARE AND WHAT THIS AGREEMENT DOES
1.1 We Typerium Limited of 6C Gander Lane, Barlborough, Chesterfield, S43 4PZ license you to use:
1.1.1 Typerium mobile application software and the data supplied with the software (App) and any updates or supplements to it; and
1.1.2 the service you connect to via the App and the content we provide to you through it, including functionality and content available free of charge through the App (Free Service) or available on a subscription basis (Subscription Service) (each a Service and together the Services), as permitted in these terms.
2. The Apple App Store terms also apply
2.1 The ways in which you can use the App and the Services may also be controlled by the Apple App Store rules and policies and the Apple App Store rules and policies will apply instead of these terms where there are differences between the two.
3. YOUR ACCOUNT
3.1 You must provide accurate and complete information when you create an account with us to use our App or our Services. If you identify any errors in the information you have provided please contact us to update this information or, where possible, update the inaccurate information through the App itself.
3.2 It is your responsibility to keep your App username and password safe and secure and you are ultimately responsible for any and all activity which is carried out through your account.
3.3 Please contact us immediately, using the contact details set out in clause 9 (Support for the App) if you suspect or identify any use of your account which is unauthorised or any other security breach.
4. SUBSCRIPTION SERVICE TERMS
4.1 Certain additional features, functions and content available through the App may be accessed by subscription users only. From time to time we may offer free trials of our Subscription Service to new subscribers only. Free trials will be restricted to one per subscriber unless we state otherwise.
4.2 Unless you cancel before the end of the free trial, which you may do at any time during the free trial, Subscription Services will automatically commence upon expiry of the free trial and you will be charged our standard monthly Subscription Fee (as defined in clause 4.8, below) applicable at the relevant time.
4.3 When you purchase Subscription Services you will gain access to additional features, functions and content through the App. Subscription Services are available on a monthly or annual basis and prices are set out in the Apple App Store and in the App.
4.4 At the time of your purchase of Subscription Services you will be provided with up to date information regarding the applicable Subscription Fee, the length of subscription you are purchasing and details of how and when your subscription will automatically renew at the end of the initial subscription period you have entered into.
4.5 Once your purchase is complete, we (or the relevant third party you have purchased from) will send you an email to confirm this and also to set out the details of your purchase including the next automatic renewal date.
4.6 If you have purchased our Subscription Services through a third party, including the Apple App Store:
4.6.1 you will also be subject to that third party’s terms and conditions and we recommend that you read those terms and conditions carefully; and
4.6.2 to make changes to your payment method, or to exercise you rights to cancel, if applicable, you will need to contact the relevant third party directly.
4.7 During your subscription period, you will be charged the relevant subscription fee using the payment method you provided at the time you purchased your subscription or as otherwise required by the Apple App Store
4.8 Each time Subscription Services that you have purchased automatically renew you will be charged the relevant fee on the first day of the renewed period, being a monthly fee or an annual fee, depending on the nature of the Subscription Services you have purchased (Subscription Fee). You will not be charged Subscription Fees during any free trial period but once any such free trial expires and Subscription Services commence, you will be charged Subscription Fees from the first day of the subscription period.
4.9 We reserve the right to suspend your access to the Subscription Services if you fail to pay the Subscription Fees by the relevant due date for payment. We will provide you notice by email if your access is being suspended. Any such suspension shall continue until payment had been made.
4.10 The date upon which you are charged Subscription Fees may be changed if, for example, there is an issue with your payment method or the date upon which payment is normally due falls on a Sunday, a Bank Holiday or on a day which does not occur in the relevant calendar month.
Changes to the Subscription Fees
4.11 We reserve the right to increase the Subscription Fees from time to time. In the event that we increase the Subscription Fees, we will notify you of the change by email at least 1 month before the change is due to take effect. Any change to the Subscription Fees will not apply to any subscription period which has already commenced by the date of the change but it will apply to any subsequent renewal of the subscription period.
4.12 If you do not want to continue to receive the Subscription Services after the date any increase to the Subscription Fees will apply to your subscription, you may cancel your subscription in advance of the relevant renewal in accordance with the cancellation procedure which is set out below.
Cancellations & refunds
4.13 You may cancel Subscription Services at any time during a subscription period using the options within the App. Such cancellation shall take effect at the end of the relevant subscription period at which point your access to the Subscription Services shall cease.
4.14 By purchasing Subscription Services, you agree that we shall provide you with access to the Subscription Services immediately and you agree to waive any statutory rights you may have to change your mind and to receive a refund within 14 days of your purchase.
4.15 While generally we do not provide you with the right to cancel Subscription Services part way through a subscription period, and consequently we do not provide you with the right to receive a refund for unused subscription periods, we may choose to do so at our absolute discretion. If you purchased through a third party, any such refund will be processed through that third party.
5. INTELLECTUAL PROPERTY RIGHTS & USER CREATIONS
5.1 All intellectual property rights in the App and the Services, including the content supplied by us through the App and the Services, throughout the world belong to us (or our licensors) and the rights in the App and the Services, including the content supplied by us through the App and the Services, are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Services, including the content supplied by us through the App and the Services, other than the right to use them in accordance with these terms.
5.2 In the course of using the App and the Services you may create or submit content (User Creations).
5.3 In relation to User Creations, you acknowledge and accept:
5.3.1 you are solely responsible for any User Creation you submit or create through the App or the Services;
5.3.2 you shall not submit any User Creation which shall, or is likely to, violate our Acceptable Use Policy
5.3.3 we do not in any way condone, endorse or support, and we shall not have any liability in respect of, any opinion, sentiment or information submitted by you or any other user within, or in connection with, any User Creation;
5.3.4 you may, from time to time, see User Creations which you do not agree with, are factually inaccurate and which you may find offensive or objectionable in some other way; and
5.3.5 we reserve the right to delete or remove any User Creation which we, in our reasonable opinion, determine violates our Acceptable Use Policy or is otherwise objectionable and suspends your access to the App and the Services due to your creation or submission of such User Creation.
5.4 Subject to clause 5.1, you (or your relevant licensors) shall retain ownership of all intellectual property rights in any User Creations made by you through the App or the Services.
5.5 Notwithstanding clause 5.4, you grant:
5.5.1 to us a worldwide, perpetual, irrevocable, fully paid-up, non-exclusive, royalty-free, transferable and sub-licensable licence to use, reproduce, display, publish, distribute, copy, modify and create derivative works of, your User Creations for the purposes of providing the App and the Services to you and other users and publicising, advertising or otherwise marketing the App and the Services; and
5.5.2 to other users of the App and the Services a worldwide, perpetual, irrevocable, fully paid-up, non-exclusive, royalty-free, non-transferable licence to access and distribute your User Creations through the App and the Services.
5.6 You warrant that you (or your relevant licensors) have obtained all necessary rights, consents, licenses and permissions to enable you to grant the licences described in clause
5.7 You shall indemnify and hold us harmless against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with any claim brought against us for actual or alleged infringement of a third party’s intellectual property rights arising out of, or in connection with, your creation of, or submission of, User Creations within the App or the Services.
6. APP UPDATES AND CHANGES TO THE SERVICES AND CONTENT
6.1 From time to time we may automatically update the App and change the Services to improve performance, enhance functionality, reflect changes to the operating system, address security issues or to comply with changes in law or regulation. Alternatively we may ask you to update the App for these reasons.
6.2 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 and the Services.
6.3 The App will always work with the current or previous version of the operating system (as it may be updated from time to time).
6.4 By the very nature of the App and the Services, the content available through the App and the Services may change over time. For example, new content will be added but other content may be removed from the App and the Services (for example where our licensors change the terms of our licence to provide such content to users of the App and the Services), in which case it will no longer be available for use thereafter. Such changes will occur without prior notice to you and you acknowledge and accept our rights to make such changes from time to time.
6.5 Notwithstanding clause 6.4, we shall not make material adverse changes to the App or the Services, or the content provided through the App or the Services, without providing you with at least 30 days’ prior notice by email or through the App. If upon receipt of such notice you do not accept the changes, you may cancel any Subscription Services purchased by you and receive a refund of any subscription period you will lose as a result on a pro rata basis.
6.6 We reserve the right to make changes, material or otherwise, to, the Free Services, or cease providing them altogether, at any time without prior notice without liability to you.
7. LICENCE RESTRICTIONS
You agree that you will:
7.1.1 not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
7.1.2 not copy the App or the Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
7.1.3 not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or the Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
7.1.4 not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services 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:
7.1.5 is not disclosed or communicated without the our 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
7.1.6 is not used to create any software that is substantially similar in its expression to the App;
is kept secure; and
7.1.7 is used only for the Permitted Objective;
7.1.8 comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
8. OPERATING SYSTEM REQUIREMENTS
8.1 This App requires a mobile telephone or handheld device running the latest version of the Apple iOS operating system.
8.2 If your device does not meet these operating system requirements some features and functionality in the App or the Services may not be available to you.
9. SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
9.1 Support. If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at www.typerium.com.
9.2 Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please contact us by email to [email protected].
9.3 How we will communicate with you. If we have to contact you we will do so by email using the contact details you have provided to us or through the App itself.
10. HOW YOU MAY USE THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON
10.1 In return for your agreeing to comply with these terms you may:
10.1.1 download or stream a copy of the App onto one mobile telephone or other handheld device onto which the App may be downloaded or streamed and view, use and display the App and the Service on such devices for your personal purposes only. In addition you may share the App and the Service in accordance with the rules set out in https://www.apple.com/uk/family-sharing/ provided you comply with clause 7 (Licence Restrictions), make one copy of the App for back-up purposes; and
10.1.2 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.
11. YOU MUST BE 18 TO ACCEPT THESE TERMS AND BUY THE APP
You must be 18 or over to accept these terms and buy the App.
12. YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE
We are giving you personally the right to use the App and the Service as set out above (see clause 10 (How you may use the App)). Whilst you may have sharing rights as set out above, you may not otherwise transfer the App or the Service 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.
13. CHANGES TO THESE TERMS
13.1 We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
13.2 We will give you at least 30 days’ notice of any change by sending you an email with details of the change or notifying you of a change when you next start the App.
13.3 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.
14. 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.
15. YOUR PRIVACY
15.2 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.
16. WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.
17. WE MAY COLLECT LOCATION DATA (BUT YOU CAN TURN LOCATION SERVICES OFF)
17.1 Certain functions within the App will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use these functions, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.
17.2 You may stop us collecting such data at any time by turning off the location services settings on your device.
18. WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
18.1 The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
18.2 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.
19. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
19.1 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.
19.2 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.
19.3 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.
19.4 We are not liable for business losses. The App and our Services are for domestic and private use. If you use the App or the Services 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.
19.5 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 expressed or implied, that such information is accurate, complete or up to date.
19.6 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.
19.7 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 meet your requirements.
19.8 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.
20 WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICES IF YOU BREAK THESE TERMS
20.1 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.
20.2 If we end your rights to use the App and Services:
20.2.1 You must stop all activities authorised by these terms, including your use of the App and any Services.
20.2.2 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.
20.2.3 We may remotely access your devices and remove the App from them and cease providing you with access to the Services.
21. 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.
22. 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.
23. 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.
24. 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.
25. 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.
26. WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
26.1 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.
26.2 The terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.
27. ALTERNATIVE DISPUTE RESOLUTION
27.1 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
27.1.1 provide confirmation to you that we have been unable to settle the dispute with you and that our internal complaint handling procedure has been exhausted; and
27.1.2 we may give you certain information, if applicable, about the European Union’s online dispute resolution (ODR) platform. For more details, please visit the website on the ‘Your Europe’ portal at https://webgate.ec.europa.eu/odr.