App End User License Agreement (Terms & Conditions)
PLEASE READ THIS CAREFULLY BEFORE CONTINUING
BY CLICKING ON THE “ACCEPT” BUTTON OR BY OTHERWISE ACCESSING OR USING THE APP YOU ARE AGREEING TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT YOU ARE NOT PERMITTED TO USE OUR SOFTWARE.
WHO WE ARE AND WHAT THIS AGREEMENT DOES:
We, Chatsie Limited a company registered in England (Company Number 13169953) with our registered office address at 27, Monomark House, Old Gloucester Street, London, United Kingdom, WC1N 3AX, license you to use:
- This Chatsie mobile application software and any updates or supplements to it
(Chatsie is made up of four Apps – Chatsie Menu (which simplifies your home screen), Chatsie Text (an SMS app), Chatsie Caller (a dialler app) and Chatsie Notification Blocker (which blocks internet traffic) (collectively the “App”)
- The related online or electronic documentation
- The Chatsie online platform and services you access via the App (Services)
GRANTING PERMISSIONS AND DEVICE REQUIREMENTS
In order to use the App and Services, you will need to give us appropriate permissions to access certain features and data on your phone. If you don’t grant us access, you may experience limited use or be unable to use or access the App or Services entirely.
Use of the App may require that your device meets minimum operating requirements, including memory or operating system. We will inform you of any minimum system requirements from time to time. If you do not meet the minimum specifications detailed for the App, you may experience limited use or be unable to use or access the App or Services entirely.
SUPPORT FOR OUR APP AND HOW TO TALK TO US
Support. If you have any problems using the App please take a look at our support resources at www.chatsie.com
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 email our customer Services team at email@example.com.
How we will communicate with you. If we have to contact you we will do so by e-mail, push to your App or by SMS using the contact details you have provided to us.
Under data protection legislation, we are required to provide you with certain information about 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 at http://www.chatsie.com/privacy-policy.
- Your rights to use the Chatsie App
(a) You may download a copy of the App onto one device and view, use and display the App and the Services on such Device for your personal purposes only; (b) You may use any documentation we provide to support your permitted use of the App and the Services; (c) You may not transfer the App or access to the Services to someone else.
By accepting the terms and conditions of this agreement you hereby agree: (a) 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; (b) not copy the App, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security; (c) not translate, merge, adapt, vary, alter or modify, the whole or any part of the App 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; (d) 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 limited extent permitted by law.
You must not: (a) use the App or any Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously; (b) infringe our intellectual property rights or those of any third party in relation to your use of the App or any Services; (c) transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Services; (d) not use the App or any Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and (e) not collect or harvest any information or data from any Services or our systems or attempt to decipher any transmissions to or from the servers running any Services.
- Update to the App and Services
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 or address security issues (“Updates”). Alternatively we may ask you to update the App for these reasons. Updates may modify or delete certain features and/or functionalities of the App. You agree that Chatsie has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the App to you. If you opt out of automatic updates you may not be able to continue using the App and the Services. We may withdraw access to the App at any time without liability to you.
- Intellectual Property Rights
All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.
- Our responsibility for loss or damage suffered by you in respect to your use of our App
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 and the Services. The App and the Services are provided for general information and purposes only it has not been developed to meet your individual requirements. Please check that the facilities and functions of the App (as described on our website) meet your requirements Although we make reasonable efforts to update the information provided by the App and the Services, we make no representations, warranties or guarantees, whether express or implied in respect to the App or the Services or that such information is accurate, complete or up to date. Chatsie does not warrant that the App or Services will operate uninterrupted or error-free or that all errors will be corrected.
We are not responsible for events outside our control. To the extent permissible by law, we are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet and You acknowledge that access to the internet, mobile phone networks or other communication media necessary for the provision of Services or use of the App is inherently associated with risks including viruses, data security, piracy, availability of services and reliability of data transmission.
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 Services.
- We may end your rights to use the App or Services if you break these terms
We may end your rights to use the App and Services at any time if you have broken these terms or any other terms with us or for any other purposes, without liability to you. If we end your rights to use the App and Services: You must delete or remove the App from all devices in your possession and stop all activities authorised by these terms, including your use of the App and any Services.
- We are not responsible for other Apps, Web Sites or content
The App or any Services may contain links to other independent websites and display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services (“Third-Party Services”) which are not provided by Chatsie. Such Third Party Services 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). You will need to make your own independent judgement about whether to activate any such functionality, including whether to use any products or services offered by them.
- 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.
- Even if we delayed 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. 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.
- Laws applying to this contract
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.
Nothing in this agreement limits your consumer rights which will continue to apply.
FOR MORE INFORMATION
If you have any questions or comments about these Terms please contact us at firstname.lastname@example.org.