PLEASE READ CAREFULLY BEFORE DOWNLOADING THE APP.
These terms are a legal agreement between you (“you”) and Clare Stead of 18 The Street, Braughing, SG11 2QF (“I” or “me”) for:
- the [“First 1000 Days of Life”] mobile application software and any data or associated media supplied with that software, including any subsequent updates or versions, (the “App”);
- any online or electronic documents provided by me related to the App (the “Documents”); and
- the service you access via the App and the content I provide to you through it (the “Services”).
I grant you a non-transferable licence to use the App, Documents and Services on any devices that can access Google Play (“Devices”), subject to (i) the terms and condition that I set out below and (ii) the Google LLC (“Google”) terms and conditions that you agree to when you download the App from the Google site (“Appstore Terms”).
I remain the owner of the App, Documents and Services at all times.
Device and operating system requirements:
This App requires [insert device and operating system minimum requirements etc.] and Internet access.
- By downloading the App or clicking on the “Accept” button below you agree to these terms.
- By downloading the App or clicking on the “Accept” button below you confirm that you are aged 18 years or over or, if you are under the agree of 18, that you have understood these terms and conditions and have obtained your parent’s or guardian’s consent to download the App and use the Services. If I become aware that you are under 18 years of age and do not have your parent’s or guardian’s consent to download the App and use the Services then I may terminate your access to the App.
- If you do not agree to the terms of this licence, I will not license the App and Documents to you and you must stop the downloading and installation process now by clicking on the “Cancel” button below. In this case the downloading and installation process will terminate.
- [As a consumer, you have the right to cancel your order of the App during the 14 day cancellation period. This period starts to run on the day after you agree to these terms. To cancel your order (and end this agreement), you must inform me of your decision to cancel within the 14 day cancellation period. You must do this by (i) completing the cancellation form on my website at [insert website address] or (ii) emailing me at [insert email address] and providing your details including your name, address and phone number.]
- This does not affect your consumer rights in respect of an app, documents, services or goods that are defective.
You should print or save a copy of these terms for future reference.
IT IS AGREED:
- These terms apply to the App and the Services, including any updates or supplements to the App or any Service, unless they come with separate terms, in which case those separate terms apply.
- I may need to change these terms from time to time to reflect changes in law or best practice or to deal with additional features which I introduce. I will notify you of a change when you next start the App and the new terms may be displayed on-screen. If you do not accept the notified changes you will not be permitted to continue to use the App or access the Services.
- From time to time I may automatically update the App and change the Service to improve performance, enhance functionality, request changes to the operating system or address security issues. Alternatively, I may ask you to update the App for these reasons. 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 or access the Services.
- By using the App or any of the Services, you agree to me collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve my product and to provide the Services to you.
- By using the App, you acknowledge and agree that internet transmissions are never completely private or secure. You understand 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.
- Use of the App
- In return for you agreeing to comply with these terms, you may:
- download or stream and install a copy of the App onto one or more Devices and view, use and display the App on the Devices for your personal purposes only and subject to the Appstore Terms;
- use the Documents to support your permitted use of the App and the Service;
- provided you comply with condition 3, make as many copies of the App and the Documents as are reasonably required for back-up purposes; and
- receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors that I may provide to you.
- Please refer to the Appstore Terms for details of your payment obligations and, where you are purchasing access to the App and Services on a subscription basis, how you may cancel your subscription.
- Support for the App
- If you want to learn more about the App or the Service or have any problems using them please take a look at my support resources at [insert web address].
- If you think the App or the Services are faulty or misdescribed or wish to contact me for any other reason, please email me at [insert email address].
- If I need to contact you I will do so by [email, by SMS or by pre-paid post] using the contact details you have provided to me.
- Licence restrictions
- Except as expressly set out in these terms or as permitted by any local law, you agree:
- not to copy the App or Documents 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, provide or otherwise make available to any person the App or the Services without my written consent ;
- not translate, merge, adapt, vary, alter or modify the App, Documentation or Services nor permit the App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App as permitted in these terms;
- not to (or attempt to) disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App, except to the extent expressly permitted by law;
- to include my copyright notice on all entire and partial copies you make of the App on any medium;
- 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.
- Acceptable use restrictions
- You must:
- not use the App or access the Services 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, including viruses, or harmful data, into the App or any operating system;
- not infringe my intellectual property rights or those of any third party in relation to your use of the App or the Services;
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or the Services;
- not use the App or the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- not collect or harvest any information or data from the Services or related systems or attempt to decipher any transmissions to or from the servers running the Services.
- Intellectual property rights
- You acknowledge that all intellectual property rights in the App, the Documents and the Services anywhere in the world belong to me or my licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, the Documents or the Services other than the right to use each of them in accordance with these terms.
- You acknowledge that you have no right to have access to the App in source-code form.
- Limited warranty
- I warrant that I will use reasonable skill and care in the provision of the App, the Documents and the Services.
- This warranty is in addition to your legal rights in relation to software that is faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
- I do not make any other promises or warranties about the App, the Documents or the Services and, in particular, I do not warrant that:
- your use of the App, the Documents and the Services will be uninterrupted or error-free; or
- the App, the Documents or the Services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and we disclaim any liability relating thereto. You shall be responsible for backing up your own system, including the App that is stored on your system.
- My responsibility for your loss or damage
- 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 as described in the Documents meet your requirements; and
- the App is intended to provide general guidance for your child’s development but has not been developed to meet the individual needs of your child, and that it is therefore your responsibility to use your own judgement when undertaking any activities that I suggest and to consult an appropriate professional if you have concerns about any learning (or other) needs that are specific to your child
- I only supply the App, Documents and Services for domestic and private use. You agree not to use the App, Documents and Services for any commercial, business or resale purposes, and I have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- I will not be liable for damage which you could have avoided by following my advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by me.
- Nothing in these terms shall limit or exclude my liability for:
- death or personal injury caused by my negligence (or, if applicable, the negligence of my contractors);
- fraud or fraudulent misrepresentation; and
- any other liability that cannot be excluded or limited by English law, including under s47 of the Consumer Rights Act 2015.
- Subject to condition 9.4, my maximum aggregate liability under or in connection with these terms (including your use of the App, the Documents or the Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to [the greater of (i) the amount that you have paid to Google to access the App and (ii) £100].
- When these terms end
- If you fail to comply with these terms, I may end your rights to use the App and Services by contacting you and/or or blocking your access to the App and Services.
- Upon termination:
- you shall cease all use of the App, the Documents and the Services and you will destroy all copies, full or partial, of the App or the Documents you have on the Devices (or any other computer or device); and
- I may remotely access the Devices and remove the App from all of them and cease providing you with access to the Services.
- Events outside my control
- I will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (“Event Outside My Control”).
- If an Event Outside My Control takes place that affects the performance of my obligations under these terms: (i) my obligations under these terms will be suspended and the time for performance of my obligations will be extended for the duration of the Event Outside My Control; and (ii) I will use reasonable endeavours to find a solution by which my obligations under these terms may be performed despite the Event Outside My Control.
- Other important terms
- I may transfer my rights and obligations under these terms to another organisation, but this will not affect your rights or our obligations under these terms.
- You may only transfer your rights or obligations under these terms to another person if I agree in writing.
- Any condition of these terms that expressly or by implication is intended to come into or continue in force on or after termination or expiry of this agreement shall remain in full force and effect.
- If I fail to insist that you perform any of your obligations under these terms, or if I do not enforce my rights against you, or if I delay in doing so, that will not mean that I have waived my rights against you and will not mean that you do not have to comply with those obligations. If I do waive a default by you, I will only do so in writing, and that will not mean that I will automatically waive any later default by you.
- Each of the conditions of these terms 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 these terms, the contract’s subject matter and its formation, are governed by English law. You and I both agree that the courts of England and Wales will have non-exclusive jurisdiction. If you have a problem with a matter under these terms, you may contact the European Online Dispute platform at European Online Dispute Resolution Platform.
These terms have been entered into on the date that you clicked the “Accept” button and downloaded the App.