Last updated: October 2023.
Your privacy is important to us. This policy sets out information on the personal data we collect about you, and your rights in respect of that data.
We are Eslington Limited t/a Perro (company number 13643919) – our registered office is 61 Bridge Street, Kington, HR5 3DJ. When we use words like “Company”, “Perro” “our”, “we” or “us” in the following and all our additional terms, that is who we mean.
Our business is focussed on pet dogs, but since our customers sometimes use our products with other animals, including animals that may or may not be pets, all our terms apply equally to all animal species, whether or not they are kept as pets, irrespective of which word is used to describe them, unless we explicitly indicate otherwise.
You can contact us about all our terms at email@example.com
As a part of our services, we collect, hold and process a variety of data, including both anonymous data and personal data relating to named individual people and animals.
The collection and processing of this data is practically and contractually necessary for us to provide the services we offer to you and which you use as part of using our products. We regard the protection and appropriate usage of this data as extremely important.
We will interpret your continued use of our products as your acceptance of the terms we set out here.
Personal data, or personal information, is any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
Aggregated Data such as statistical or demographic data for any purpose, isn’t considered personal data in law as this data will not directly or indirectly reveal your identity to us. We may aggregate your Usage Data to calculate the percentage of users accessing a specific website or product feature.
We don’t automatically collect any other Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, genetic and biometric data). We may, however, collect health data (explained below). We also don’t collect any information about criminal convictions and offences.
We may collect, use, store and transfer different kinds of personal data about you when you engage with us. Whenever we collect personal data about you, we must have a legal ground (lawful basis) to do so, such as:
Contract: Where we need to perform the contract, we are about to enter into or have entered into with you.
Legitimate Interests: Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
Legal Obligation: Where we need to comply with a legal obligation.
Consent: Where we have your express consent to the processing of your data.
We must also observe the principles of data minimisation and only collect as much personal data as necessary and retain that data for no longer than necessary.
Identity and contact information you provide to us when you contact us (Contact Data and Identity Data)
Type of data includes: Name, Email address, Telephone number.
Purpose & Lawful Basis: We collect this information so we can respond to your enquiry or correspondence. We might use your name and email address to send you information about your matter or issue raised and we may also provide you with updates on changes to this policy or security information.
The lawful basis for collection of this information is it is needed to perform our contract with you (i.e., to respond to your enquiry), it is in our legitimate interest (i.e.,to respond to contact requests), and you have consented (i.e., by requesting that we contact you).
Identity and contact information you provide to us when you create an account on the app and when you subscribe to the app (Contact Data and Identity Data)
Type of data includes: Name, Email address, Phone number, Gender, Address.
Purpose & Lawful Basis: We require this information so that you can create an account on the app.
The lawful basis for collection of this information is it is needed to perform our contract with you (i.e., to enable you to create an account on the app), it is in our legitimate interest (i.e., to enable persons to access our services), and you have consented (i.e., by choosing to provide us with the requested information).
Please note that payments are taken by the app store from which you downloaded the app (e.g. Apple App or Google Play) and we neither see nor store your payment method.
Information you provide to us when making payment (Payment Details)
Type of data includes: Debit/credit card number, Name on the card, Expiry date, CVV number, Purchase history
Purpose & lawful Basis: The purpose of collecting this information is so that we can collect payment of our fees.
The lawful basis for collection of this information is that it is needed to perform our contract with you (i.e.,provide you with the services). All payments are taken by the app store from which you downloaded the app (e.g.Apple App or Google Play). We do not ever see or keep a copy of your card details.
Location data you provide when you choose to share your location with others (Location Data)
Important: For full information on the collection and processing of your location data, please refer to the ‘Location data’ section below.
Contact information you provide to us when you choose to import your contacts into the app (Contact and Identity Data)
Type of data includes: Name, Email address, Phone number, Gender, Address.
Purpose& lawful basis: We require this information so that you can use the services offered by the app and import your contacts into the app.
The lawful basis for collection of this information is it is needed to perform our contract with you (i.e., to enable you to use the services offered by the app), it is in our legitimate interest (i.e., to enable you full access to the services of the app), and you have consented (i.e., by choosing to provide us with the requested information).
You should obtain the consent of your contacts before importing their contact information into the app. By importing the contact information into the app, you warrant you have this consent.
User content and health data
Types of data include: Content you link from other applications (e.g. Apple Health, FitBit and Google Fit), When you submit information to us.
Purpose & lawful basis: We require this information so that you can use the services offered by the app and import your user content (including health data) into the app.
The lawful basis for collection of this information is it is needed to perform our contract with you (i.e., to enable you to use the services offered by the app), it is in our legitimate interest (i.e., to enable you full access to the services of the app), and in the case of health data, you have given your express consent to our processing of that health data (i.e., by choosing to provide us with the health data).
Usage and log data
Types of data include: Information about your activity on the app, Your services settings, The time, frequency and duration of your use of the app, Log files, diagnostic and performance logs and reports.
Purpose& lawful basis: This data is automatically collected when you use the app. The purpose is to enable your access to the app and so that we may monitor usage and performance information.
The lawful basis is it is necessary for us to perform our contract with you (i.e., to give you access to the service our app provides) and it is in our legitimate interest to monitor access and issues relating to performance.
Device and connection information
Types of data include: Hardware model, operating system information, battery level, signal strength, app version, mobile network, connection information (including phone number, mobile operator or ISP), language and time zone, IP address, device operations information.
Purpose & lawful basis: This data is automatically collected when you use the app or the services. The purpose is to enable your access to the app and the services.
The lawful basis is this is necessary for us to perform our contract with you (i.e., to give you access to the app and our services).
Location data is defined as information collected by a network or service about where the user’s phone or other device is or was located – for example, tracing the location of a mobile phone from data collected by base stations on a mobile phone network. Within this policy, where we refer to your personal data or personal information, this includes the location data outlined in this section.
We are permitted to collect your location data as we are a provider of a value-added service, we have your consent to the use of your location data for the value-added service, and our processing of your location data is necessary for that purpose. By downloading the app and using the services, you are consenting to our collection and processing of your location data.
The type of location data we collect and process is your exact physical location and coordinates, and historic activity location (for example walking routes).
We will use the location data you choose to provide to us so that you can share your location with others, thereby enabling you to make use of the services the app provides.
The lawful basis for collection of this information is it is needed to perform our contract with you (i.e., to enable you to use the services offered by the app), it is in our legitimate interest (i.e., collect and sharing your location data is the purpose of the app), and you have consented (i.e., by choosing to provide us with the requested information).
We will retain your location data for as long as you choose to share it with another. When location sharing is stopped, either by you or by the app, we no longer hold the location data and when you delete a saved place, the location data will be automatically and permanently deleted from the app.
Your location data will only be shared with those persons you choose to share your location with, and we will not share your location with anyone else. You may withdraw your consent to the sharing of your location data when you cease your use of this feature of the app and you delete any saved location in the app.
If you’d like further details on any information we may collect or receive, please contact us on firstname.lastname@example.org
Health data is considered a special category of personal data and is treated differently to other types of personal data, and so we must have your express consent to process it. By choosing to link our app to other apps that collect health data, such as data relating to your physical activities, you are giving your express consent to the processing of that health data and accordingly we rely on consent and the performance of a contract when we process that health data. Please note, however, that we have no access to, nor can we see any health data of any kind that is imported into the app, although it is still stored on our servers.
You can choose to withdraw your consent to our processing of your health data by deleting the health data from the app, and by unlinking your app with Apple Health and Google Fit. You can also withdraw your consent by emailing us at email@example.com.If you do withdraw your consent, this won’t affect the lawfulness of any processing that we carried out before you withdraw your consent.
The data that we hold about you may be transferred to and stored at facilities inside or outside our company and within or outside our immediate control. We use data storage locations in the UK, Ireland and Europe. Your data may also be processed by staff who are not directly employed by us, and who may be located elsewhere in the world.
If we do store or transfer data outside the European Economic Area (EEA) or the UK, we will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the EEA or the UK by ensuring at least one of the following safeguards is implemented:
- We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.
- Where we use certain service providers, we may use specific contracts approved for use in the UK which give personal data the same protection it has in the UK.
We will still be responsible for protection of your personal data, even where we have transferred it outside the EEA or the UK.
Data security is of great importance to us, and to protect your data we have put in place suitable physical, electronic, and managerial procedures to safeguard and secure data collected through the app or services.
Although we will do our best to protect the privacy of your personal data at all times by using appropriate policies, procedures and technologies, we cannot guarantee that the transmission and storage of your data is completely secure. Similarly, although we will make every effort through backups and other mechanisms to protect your data against partial or complete loss, we cannot guarantee that your data will never be lost, nor that we will always be able to retrieve it if it is lost or if you or we delete it. If there is an incident where we become aware that there has been a data breach, we will let you know without undue delay. We will then take all necessary steps, including informing the Information Commissioner’s Office, to limit the extent of the breach and to prevent a further reoccurrence.
In the course of our business, we may share your personal data within our company for the purposes outlined above, with other companies related to ours, and with selected third-parties, including:
Other Perro users in respect of whom you have indicated that you wish to share data.
Business partners in areas including: pet insurance; pet food/ supplements/pharmaceuticals; veterinary care; retail; academic and other research.
Those who provide services to our business including, for example, payment, credit and other finance providers, postal and shipping providers, data analysis providers, and providers of technical infrastructure or other similar services
Advisors to our business.
Our current or future investors and shareholders.
Third parties to whom we may wish to sell our business.
When we share your information with third-parties, they may have the right to further share it internally and externally with additional third-parties who may not be inside the UK or the EEA.
In some circumstances, you may have an existing relationship with a third-party and may have consented to our sharing of your data with them as part of a service or benefit that they have provided or are providing to you. If you subsequently withdraw your consent for us to share your data with them, they may withdraw some or all of that service or benefit.
If our company or its assets are licensed or acquired in part or whole by a third-party, data held by us and the rights and obligations contained in this policy may be part of the assets assigned and/or transferred.
We will offer you ways to delete some or all of your data.
We have the right to delete some or all of your data without your permission in any circumstances where we consider it appropriate to do so. This may include circumstances in which you have breached any of these or our other terms, in which we or you have modified or ended our relationship, in which you have requested such deletion, in which we have decided to do so for the purposes of purging our records of out-of-date or no-longer required information, or in which we are required by law or the instruction of a legal authority to do so.
If you or we intentionally delete your data, we will attempt to remove and stop using it. However, it may persist in backups and other archives that are impractical or impossible to alter, may have been processed or incorporated into data sets from which it cannot practically be removed, or may already have been shared with others who may retain it. Please contact firstname.lastname@example.org if you wish to request a copy of the personal data we hold about you, or to request for your account to be deleted.
We process the data listed in “Types of data” above on the basis that you have consented to our doing so, that it is necessary to provide our service, and that it is in our legitimate business interests to do so, as described in “Use of data” above.
You have the following rights in relation to our collection, storage and use of your personal data:
The right of access
The right of rectification.
The right of erasure.
The right to restrict processing.
The right to object to processing.
The right to data portability.
The right to withdraw consent.
You also have the right to lodge a complaint to the Information Commissioner, and the right to ask us not to use your personal data for marketing purposes.
You can contact us on email@example.com at any time to exercise any of these rights, and we may then direct you to an appropriate mechanism to achieve that effect. You won’t have to pay a fee to access your data (or to exercise any of the other rights), but we can charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive, or we can refuse to comply in these circumstances.
We may need you to provide evidence of your identity as a security measure and we may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month, but it could take longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
As we further develop our products, we may make available further mechanisms for you to opt-out of particular ways that some or all of your personal data is held and/or used.Should you choose to exercise one or more of your rights in respect of this policy, we may for reasons of practicality be unable to continue to provide some or all of the services we have previously provided to you.
For the purposes of the Data Protection Act 2018 (the Act), the data controller registered with the ICO is Eslington Limited t/a Perro (company number 13643919) – a UK company registered at61 Bridge Street, Kington, HR5 3DJ.
The Act gives you the right to access the data we hold about you, and you can exercise that right by contacting us on firstname.lastname@example.org
Cookies are small text files placed on your device when you visit our website and are used to make the users’ experience more efficient. We are able to store cookies on your computer where they are necessary for the operation of our website however, for non-essential cookies we need your permission.
These are the types of cookies we use:
'Session cookies' allow us to track your actions during a single browsing session, but they do not remain on your device afterwards; and
'Persistent cookies' remain on your device between sessions. We use them to authenticate you and to remember your preferences. We can also use them to balance the load on our servers and improve your experience on our website.
Session and Persistent cookies can be either first or third party cookies. A first-party cookie is set by the website being visited; a third-party cookie is set by a different website. Both types of cookies may be used by us or our business partners.
The third-party cookies we use are:
Google Analytics – this is a web analytics service provided by Google, Inc. The cookies used by Google Analytics help us to analyse how users use our website and to count the number of people who use it. Google Analytics stores your IP address anonymously. Google does not associate your IP address with any personally identifiable information;
Facebook Ads (the Facebook pixel) and other social media ads – these cookies collect information about how visitors use our website. This data is collected anonymously and is used to help improve our website’s functionality; and
Google Ads and other forms of paid advertising – these cookies collect information about how visitors use our website. This data is collected anonymously, to help make our marketing communications more relevant, and is used to improve our website’s functionality.
All of our cookies are categorised by the role they fulfil on our website:
Strictly Necessary: these are essential to enable you to move around our website and use features such as secure services. Without these cookies such services could not be provided;
Functionality: allow our website to remember your choices and to personalise certain features. These cookies may be anonymised and cannot track your browsing activity on other websites; and
Performance: collect information as to how users use our website. These cookies do not collect information that identifies a visitor. The information collected is aggregated and used to improve our website.
None of the cookies employed are classified as Behavioural Targeting.
We will always ask for your consent to use non-essential cookies. You are free to withhold consent to this, but it means that we might not be able to provide the full website experience to you, including some elements of video advertising.
If at any time you wish to disable cookies, you may do so through the settings on your browser, or whenever the pop-up appears on our website (each time you access our website).
We may process your data for compliance with a regulatory requirement or legal obligation to which we are subject to. Your data will only be processed if processing the data to comply with such obligation is a reasonable and appropriate way of achieving compliance.
We also collect, use, and share aggregated data such as statistical or demographic data for any purpose. Aggregated data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this policy.
You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our website.
Information about how to configure your browser to block cookies can befound at:
Our app integrates with third party APIs, namely Apple Health and Google Fit, so that we can provide you with accurate and detailed information about your physical activities. Apple Health and Google Fit serve as valuable sources of data to enhance your experience within our app.
When you grant permission, we access specific data from your Apple Health and Google Fit accounts, including activity type, activity duration and location. This data allows us to provide you with insights and analytics regarding your physical activity. The data we collect from Apple Health and Google Fit is used solely within our app and for the following purposes:
ActivityTracking: We use this data to track your various physical activities accurately, providing you with insights into your fitness progress and goals.
Location-Based Features: Your location data from Apple Health and GoogleFit is used to provide location-specific information and improve the accuracy of tracking your outdoor activities.
We are committed to protecting your privacy and ensuring the responsible use of your data, and we never share this data with third parties for advertising purposes or any unrelated activities. When you use our app and services to access and import data from Google Fit, we adhere to Google's Limited Use requirements contained within the Google API Services User Data Policy:
Allowed Use: Your data from Google Fit is used solely to provide and enhance user-facing features within our app. We ensure that it is clear to you why and how we use this data to improve your experience.
Allowed Transfer: Your data from Google Fit is transferred to others only when necessary to provide or enhance user-facing features within our app, to comply with applicable laws, or as part of a merger, acquisition, or sale of assets of our company. We never transfer your data for any other purpose or to serve advertisements.
Prohibited Advertising: We do not use or transfer your data from Google Fit to serve you personalised, re-targeted, or interest-based advertisements.
Prohibited Human Interaction: We do not allow humans to access or read your data from Google Fit. We maintain strict safeguards to protect your privacy. There are limited exceptions to this rule, including obtaining your explicit consent for specific purposes (e.g. tech support) or when necessary for security, legal compliance, or for aggregating and anonymising data for internal operations.
Please be assured that the data we collect from Google Fit, including activity type, activity duration and location, is used exclusively for tracking your activities and enhancing your experience within our app and services. We do not permit our team members or any third parties to access or view this data, ensuring that your privacy remains paramount.
This policy only relates to the app and our services. We might have links on/within the app and our services to other websites, and these websites will have their own terms and conditions and privacy policies. You should check those privacy policies before providing your personal data to those websites.
We can update this policy from time to time as laws change or as our services change. If we make material changes to this policy, and we need your consent to those changes, we will contact you by email to do so.
Perro is licensed to You (‘End-User’) by Eslington Limited t/a Perro, a company registered in England and Wales under company number 13643919 with its registered office at 61 Bridge Street, Kington, HR5 3DJ, England ('Licensor'), for use only under the terms of this Licence Agreement. Our VAT number is GB397082657.
By downloading the Licensed Application (as defined hereafter) from Apple's software distribution platform ('App Store') and Google's software distribution platform ('Play Store'), and any update thereto (as permitted by this Licence Agreement), You indicate that You agree to be bound by all of the terms and conditions of this Licence Agreement, and that You accept this Licence Agreement. App Store and Play Store are referred to in this Licence Agreement as 'Services'.
The parties of this Licence Agreement acknowledge that the Services are not a Party to this Licence Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. The Licensor, not the Services, is solely responsible for the Licensed Application and the content thereof.
This Licence Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions and Google Play Terms of Service ('Usage Rules'). Licensor acknowledges that it had the opportunity to review the Usage Rules and this Licence Agreement is not conflicting with them.
Perro, when purchased or downloaded through the Services, is licensed to You for use only under the terms of this Licence Agreement. The Licensor reserves all rights not expressly granted to You. Perro is to be used on devices that operate with Apple's operating systems ('iOS' and 'Mac OS') or Google's operating system ('Android').
1. THE APPLICATION
Perro ('Licensed Application') is a piece of software created to help dog owners provide great care for their dog and customised for iOS and Android mobile devices ('Devices'). It is used to track and monitor Your dog's activity, engage with training videos and earn rewards with external commercial partners.
2. SCOPE OF LICENCE
2.1 You are given a non-transferable, non-exclusive, non-sublicensable licence to install and use the Licensed Application on any Devices that You own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with You via Family Sharing or volume purchasing.
2.2 This licence will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate licence is provided for such update, in which case the terms of that new licence will govern.
2.3 You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and Licensor’s prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with Licensor’s prior written consent).
2.5 You may not copy (excluding when expressly authorised by this licence and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this licence, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorised third parties may gain access to these copies at any time. If You sell Your Devices to a third party, You must remove the Licensed Application from the Devices before doing so.
2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of licensing at any time.
2.8 Nothing in this licence should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
3.2 You acknowledge that it is Your responsibility to confirm and determine that the Device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.
3.3 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4. MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the App Store or Play Store overview for this Licensed Application.
4.2 The Licensor and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
5. USE OF DATA
You acknowledge that the Licensor may periodically collect and use technical data and related information about Your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to You (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to You, as long as it is in a form that does not personally identify You.
6. USER-GENERATED CONTRIBUTIONS
The Licensed Application may invite You to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide You with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to the Licensor or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, 'Contributions'). Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications. As such, any Contributions You transmit may be treated as non-confidential and non-proprietary. When You create or make available any Contributions, You thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of Your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise the Licensor, the Licensed Application, and other users of the Licensed Application to use Your Contributions in any manner contemplated by the Licensed Application and this Licence Agreement.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in Your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of Your Contributions in any manner contemplated by the Licensed Application and this Licence Agreement.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
13. Your Contributions do not otherwise violate, or link to material that violates, any provision of this Licence Agreement, or any applicable law or regulation.
Any use of the Licensed Application in violation of the foregoing violates this Licence Agreement and may result in, among other things, termination or suspension of Your rights to use the Licensed Application.
7. CONTRIBUTION LICENCE
By posting your Contributions to any part of the Licensed Application or making Contributions accessible to the Licensed Application by linking Your account from the Licensed Application to any of Your social networking accounts, You automatically grant, and You represent and warrant that You have the right to grant, to the Licensor an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, Your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorise sublicences of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This licence will apply to any form, media, or technology now known or hereafter developed, and includes our use of Your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images You provide. You waive all moral rights in Your Contributions, and You warrant that moral rights have not otherwise been asserted in Your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of Your Contributions and any intellectual property rights or other proprietary rights associated with Your Contributions. The Licensor is not liable for any statements or representations in Your Contributions provided by You in any area in the Licensed Application. You are solely responsible for Your Contributions to the Licensed Application and You expressly agree to exonerate the Licensor from any and all responsibility and to refrain from any legal action against the Licensor regarding Your Contributions.
The Licensor has the right, in its sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to recategorise any Contributions to place them in more appropriate locations in the Licensed Application; and (3) to prescreen or delete any Contributions at any time and for any reason, without notice. The Licensor has no obligation to monitor Your Contributions.
8.1 The Licensor does not exclude or limit in any way its liability to You where it would be unlawful to do so. Nothing in this Licence Agreement seeks to limit or exclude the Licensor’s liability for: (i) death or personal injury caused by its negligence (including that of its employees, agents or subcontractors); (ii) fraud or fraudulent misrepresentation; (iii) breach of the terms implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; (iv) defective products under the Consumer Protection Act 1987; or (v) any other matter in respect of which liability cannot be excluded or restricted by law.
8.2 The Licensor will not have any liability to You for any loss of profits, loss of business or loss of business opportunity, or for any business interruption.
8.3 The Licensor shall not be liable in contract, tort (including negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise to You or any third party for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with Your use of the Licensed Application. In particular, the Licensor excludes legal responsibility for any indirect, special or consequential loss or damage.
8.4 The Licensor’s legal responsibility to You under this Licence Agreement shall be limited to directly foreseeable loss if You are a consumer, and £500 if You are a business user.
8.5 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Licence Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application.
9.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.
9.2 No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorisedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of the Licensor’s sphere of influence that affect the executability of the Licensed Application.
9.3 You are required to inspect the Licensed Application immediately after installing it and notify the Licensor about issues discovered without delay by email provided in the 'Contact Us' section of this policy. The defect report will be taken into consideration and further investigated if it has been emailed within a period of 1 days after discovery.
9.4 If the Licensor confirms that the Licensed Application is defective, it reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
9.5 In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Services store operator, and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services store operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.
10. PRODUCT CLAIMS
The Licensor and the End-User acknowledge that the Licensor, and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.
11. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a 'terrorist supporting' country; and that You are not listed on any US Government list of prohibited or restricted parties
.12. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:
61 Bridge Street
The Licence Agreement is valid until terminated by the Licensor or by You. Your rights under this Licence Agreement will terminate automatically and without notice from the Licensor if You fail to adhere to any term(s) of this Licence Agreement. Upon termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
The Licensor shall comply with applicable third-party terms of agreement when using Licensed Application.
In Accordance with Section 9 of the 'Instructions for Minimum Terms of Developer's End-User Licence Agreement', both Apple and Google and their subsidiaries shall be third-party beneficiaries of this End User Licence Agreement and — upon Your acceptance of the terms and conditions of this Licence Agreement, both Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this Licence Agreement against You as a third-party beneficiary thereof.
15. INTELLECTUAL PROPERTY RIGHTS
The Licensor and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes on the third party's intellectual property rights, the Licensor, and not the Services, will be solely responsible for the investigation, defence, settlement, and discharge or any such intellectual property infringement claims.
16. APPLICABLE LAW
This Licence Agreement and any non-contractual obligations arising hereunder, shall be governed by, and interpreted according to the law of England and Wales and all disputes arising under this Licence Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
17.1 If any of the terms of this Licence Agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
17.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.
17.3 The Licensor reserves the right to change and amend this Licence Agreement from time to time. You should check back regularly to ensure You are reading the most up to date version of this Licence Agreement, as the same will apply to Your use of the Licensed Application at all times.