This end-user licence agreement (“EULA”) is a legal agreement between you (“End-user” or “you”) and JigTalk App Limited (“JigTalk”, “us” or “we”) for the use of JigTalk mobile application software (“App”).
We license use of the App to you on the basis of this EULA and subject to any rules or policies applied by Apple’s App store, Google’s Play Store or any other appstore provider or operator (“App store”) from whom the End-user downloaded the App (“Appstore Rules”). We do not sell the App to you. We remain the owners of the App at all times.
OPERATING SYSTEM REQUIREMENTS THIS APP REQUIRES A DEVICE WITH A MINIMUM OF 15MB OF MEMORY, INTERNET ACCESS AND THE APPLE OPERATING SYSTEM iOS 7 OR LATER OR THE ANDROID OPERATING SYSTEM JELLY BEAN OR LATER.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENSE THE APP TO YOU AND YOU MUST UNINSTALL THE APP FROM YOUR DEVICE.
You should print a copy of this EULA for future reference.
The terms of this EULA apply to the App or any of the services accessible through the App (“Services”), including any updates or supplements to the App or any Service, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this EULA.
We may change these terms or the Services at any time by notifying you of a change when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App or the Services.
From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded the latest version of the App and accepted any new terms.
You will be assumed to have obtained permission from the owners of the mobile telephone or portable devices that are controlled, but not owned, by you (“Devices”) to download a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Services on or in relation to any Device, whether or not it is owned by you.
By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our Services and to provide any Services to you.
All Services, will make use of location data sent from the 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 the Services, 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. You may withdraw this consent at any time by turning off the location services settings on your Devices.
Certain Services, will make use of push notifications to enhance your user experience of the Services and to alert you as to the various functions of the App. You can turn off this functionality at any time by deactivating these notifications in the settings within the App or on your Device.
The App or any Service may contain links to other independent third-party websites (“Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
You must be 18 years of age or older to use the App or Services in any manner. By accepting these terms, you represent and warrant to JigTalk that you: (i) are 18 years of age or older, and that you have the right, authority and capacity to agree to and abide by this EULA; (ii) will use the App in a manner consistent with any and all applicable laws and regulations; and (iii) have not been convicted of any criminal offence and are not required to register as a sex offender with any government authority.
Grant and Scope of Licence
In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use the App on the Devices, subject to these terms, the JigTalk Policies and the Appstore Rules, incorporated into this EULA by reference. We reserve all other rights.
Except as expressly set out in this EULA or as permitted by any local law, you agree:
– not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
– not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
– not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
– not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
– is used only for the purpose of achieving inter-operability of the App with another software program;
– is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
– is not used to create any software that is substantially similar to the App;
– to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
– to include our copyright notice on all entire and partial copies you make of the App on any medium;
not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
– to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (“Technology”).
– together “Licence Restrictions”.
Acceptable Use Restrictions
– not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;
– not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material (to the extent that such use is not licensed by this EULA);
not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
– not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service; and
not use the App, the Services or user information for any commercial or business purposes, including without limitation buying or selling any products or services or advertising any products or services.
– together “Acceptable Use Restrictions”.
Your Account and Password
In order to use the App and the Services you must first create an account. You can create an account using your mobile number and optionally your Facebook account. Upon creating an account without Facebook you will be required to select a password. As part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com.
Interactions with other Users
All communications including without limitation text messages, chat, photographs, or profile text whether publicly posted or privately communicated are solely your responsibility and in any event must be in accordance with our Content Standards as set out in condition 8.
We will do our best to assess any possible risks for users (Disclosure and Barring Service checks and screenings of users are not completed) when they use the App or Services. However, we are under no obligation to oversee, monitor or moderate any interactions between users and we expressly exclude our liability for any loss or damage arising from the use of the App or Services by a user in contravention of our Content Standards as detailed in condition 8.
These content standards apply to any and all material which you contribute whilst using the App or Services (Contributions).
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any Contribution as well as to its whole.
– be accurate (where they state facts);
– be genuinely held (where they state opinions); and
– comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
– contain any material which is defamatory of any person;
– contain any material which is obscene, offensive, hateful or inflammatory;
– promote sexually explicit material;
– promote violence;
– promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
– infringe any copyright, database right or trade mark of any other person;
– be likely to deceive any person;
– be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
– promote any illegal activity;
– be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
-be likely to harass, upset, embarrass, alarm or annoy any other person;
– be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
– give the impression that they emanate from us, if this is not the case;
– make any adverse or derogatory comment about JigTalk, its directors or employees which shall, or may, bring JigTalk, its directors or employees into disrepute; or
– advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
If we suspect that any user is in breach of any of the Content Standards as detailed in this condition 8 we reserve the right in our absolute discretion to delete the offending content and terminate that users account immediately by written notice.
Intellectual Property Rights
You acknowledge that all intellectual property rights in the App and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App or the Technology other than the right to use each of them in accordance with the terms of this EULA.
You acknowledge that you have no right to have access to the App in source-code form.
Limitation of Liability
You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.
We only supply the App for domestic and private use. You agree not to use the App for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence up to the limit specified in condition 10.4, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you this EULA.
Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £250. This does not apply to the types of loss set out in condition 10.5.
Nothing in this EULA shall limit or exclude our liability for:
– death or personal injury resulting from our negligence;
– fraud or fraudulent misrepresentation; and
– any other liability that cannot be excluded or limited by English law.
Without prejudice to any right we have to terminate this EULA in accordance with condition 8, we may terminate this EULA immediately by written notice to you:
– if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; or
– if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
On termination for any reason:
– all rights granted to you under this EULA shall cease;
– you must immediately cease all activities authorised by this EULA, including your use of any Services; and
– you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control and certify to us that you have done so.
Communication Between Us
If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail or by prepaid post to JigTalk Limited at 15 Queen Square, Leeds, LS2 8AJ and firstname.lastname@example.org. We will confirm receipt of this by contacting you in writing by e-mail.
If we have to contact you or give you notice in writing, we will do so by e-mail.
Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (“Event Outside Our Control”).
If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
– we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
Other Important Terms
We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England will have exclusive jurisdiction.