PLEASE READ THESE LICENCE TERMS CAREFULLY

BY BUYING AND/OR DOWNLOADING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT BUY OR DOWNLOAD THE APP.
 

1. Who we are and what this agreement does:

a.

We ActiveMate Limited (company number: 12929636) of 498 Gower Road, Killay, Swansea, Wales, SA2 7DY (we, us, our and other similar terms) license you to use:

• the ActiveMate mobile application software (App) and any updates or supplements to it; and

• the service you connect to via the App and the content we provide to you through it (Service).

As permitted in these terms.

b.

This is a custom end user licence agreement (EULA) and is supplemental to, not a replacement of, the app store’s and/or play store’s standard end user licence agreement and sets out the terms on which we will provide, and allow you to use, the App and the Service. This EULA is concluded between us and the end-user only and we are solely responsible for the App and the content thereof. Apple or Google (or other app store or play store provider) have no obligations to you in respect of the App or the Services.

2. Your privacy

a.

We only use any personal data we collect through your use of the App and the Services in the ways set out in our privacy policy. By continuing to download and use the App, you are consenting to the terms of our privacy policy. Due to the nature of the App, if at any time you decide not to consent to our privacy policy you must cease use of the Services and uninstall the App.

b.

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.

c.

We will only ask you to provide limited personal data, and we are not responsible in any way for any personal data which you voluntarily post on to any forum or content included within the App. We do not require you to use your real name or picture as part of your profile, and if you choose to do so we have no liability in respect of that personal data. Please share your information carefully and responsibly.

3. Apple or Google's terms also apply

a.

To the extent not varied or repeated in these terms, the ways in which you can use the App may also be controlled by the app store’s or play store’s rules and policies as they amend from time to time. We have no liability in respect of app store’s or play store’s rules and policies. We have no liability to you if these terms are incompatible with or contradict the app store’s or play store’s rules and policies. You must ensure that you comply with the app store’s or play store’s usage rules and terms and any other third party terms (including your internet provider’s terms).

b.

Apple and Google (or other app store or play store provider) have no obligation whatsoever to provide any maintenance and support services with respect to the App. We are solely responsible for any maintenance and support.

4. Support for the App and how to tell us about problems

a.

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 service team at support@activemate.net.

b.

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.

5. How you may use the App, including how many devices you may use it on

In return for your agreeing to comply with these terms you may:

a.

download or stream a copy of the App onto your device and view, use and display the App and the Service on such device for your personal purposes only.

b.

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.

6. 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.

7. 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. You may not transfer, copy or reproduce the App or the Service, 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. If you download the App from the Apple app store it can only be used on Apple-branded products and if you download the App from the Google play store it can only be used on Android products, in any case which you own or control.

8. Changes to these terms

a.

We may need to change these terms from time to time. We will notify you of a change when you next start the App.

b.

If you do not accept the notified changes you will not be permitted to continue to use the App and the Service and you will need to delete the App.

9. Update to the App and changes to the Service

a.

From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.

b.

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, or the App or Services may not perform as initially described.

10. 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.

11. 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.

12. We may collect location data (but you can turn location services off)

a.

The Services 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 but it will affect the functionality of the App. If you use these 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.

b.

You may stop us collecting such data at any time by turning off the location services settings on your device.

c.

Please be aware that the Services rely on having access to your location data in order to function as described.

13. We are not responsible for other websites you link to

a.

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).

b.

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.

14. Licence restrictions

You agree that you will:

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 or 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;

c.

not translate, merge, adapt, vary, alter or modify the whole or any part of the App, Documentation or 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;

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 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:

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• is not disclosed or communicated without the Licensor's 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

• is not used to create any software that is substantially similar in its expression to the App;

• is kept secure; and

• is used only for the Permitted Objective;

e. 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.

You warrant that you are not:

a. located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or

b. listed on any U.S. Government list of prohibited or restricted parties.

15. Acceptable use restrictions

You must:

a. Not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;

b. Not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);

c. Not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;

d. 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; and

e. 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.

16. Intellectual property rights

All intellectual property rights in the App 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 or the Services other than the right to use them in accordance with these terms.

17. Our responsibility for loss or damage suffered by you

a. 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.

b. 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.

c. 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.

d. 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.

e. 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 app store or play store site and in the Documentation) meet your requirements.

f. 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 reasonable 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.

g. We are not responsible for content generated by you or by third parties. Our App includes forums and conversations whereby users of the App contribute to discussions and provide information, tips and advice to other users. We do not actively monitor these contributions and have no liability in respect of damage caused by these contributions to you or to third parties. Each user is solely responsible for the content they post on the App. If you become aware of content which is harmful, offensive or otherwise in breach of our acceptable use conditions please contact us on support@activemate.net, so that we can review and, if appropriate, delete the content.

h. Limitation of Liability. To the maximum extent permitted by law, we shall not be liable to you for any losses or liabilities you incur in connection with the App or the Services. Under no circumstances shall we be liable for indirect or consequential losses. In acknowledgement of the App being provided to you free of charge, in the event we are liable to you, to the maximum extent permitted by law our liability shall not exceed £30.

i. We do not provide any warranty or representation about the App or the Services. You are using the App and the Services at your own risk. The App and Services are provided as is and as available, and to the maximum extent permitted by law no warranty or representation of any kind is given (whether express, implied, statutory and whether in relation to condition, quality or fitness for purpose) by us or by Apple or Google (or any other app store or play store provider) in relation to the App or the Services. Nothing posted by any user of the App or the Services shall constitute a warranty, representation or statement made or given by us or on our behalf, Apple or Google. In the event of any failure of the App to conform to any applicable warranty, where the App was downloaded from Apple’s appstore or the Google play store you may notify Apple or Google (as applicable), and they will refund the purchase price (if any) paid for the App to you.

j. Claims. If you do have any claims about the App or Services, these must be addressed to us. It is our responsibility, not the responsibility of Apple or Google (or other app store or play store provider) to address any claims relating to the App, including but not limited to (in each case save as expressly excluded under these terms): (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection, privacy, or similar legislation and (iv) any claims relating to intellectual property rights or infringement of them.

18. We may end your rights to use the App and the Services if you break these terms

a. 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.

b. If we end your rights to use the App and Services:

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• 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.

19. We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another person or 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.

20. Termination

a. We may discontinue the App or the Services at any time. If we do, we will notify you by either notice the next time you open the App or by email. You will need to delete the App from your device.

b. You can terminate this licence at any time by deleting your account, contacting us on support@activemate.net to ask us to delete your account and by deleting the App. If you delete the App without deleting your account, your account will remain live and you can re-download the App to log back in.

c. We can delete your account at any time if, in our reasonable opinion, you are in breach of our acceptable use conditions or you are using the App or the Services in a way that might bring us into disrepute. We do not need to notify you in advance of or following our deletion of your account and we shall have no liability to you in connection with the deletion of your account and loss of any associated data or connections.

21. 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.

22. 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 other than Apple and Google (and any other app store or play store provider’s) and their subsidiaries, each of which is a third party beneficiary of this EULA have the right to enforce this EULA against you or us if either of us are in breach.

23. 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.

24. 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.

25. Which laws apply to this contract and where you may bring legal proceedings

These terms are governed by English and Welsh law and you can bring legal proceedings in respect of the products in the English and Welsh courts.

Copyright © 2022 Activemate Ltd.