Please read these licence terms carefully

Welcome to the Kapshoo App (referred to herein as “Kapshoo”). “Our,” “we,” or “us” refers to Kapshoo Limited (registered in England and Wales with company no. 13472157) whose registered office is at Electra House, Electra Way, Crewe, Cheshire, United Kingdom, CW1 6GL.

This Agreement applies to all visitors, users, and others (“Users”, “You” or “Your”) who access Kapshoo and/or the Kapshoo website at [https://www….]  (hereinafter referred to as the “Website”). Kapshoo and the Website together shall hereinafter be referred to as the “Service”.

Your access to and use of the Service are subject to the following terms and conditions and all applicable laws. By accessing or using any part of the Service, you accept, without limitation or qualification, these terms and conditions (the “Agreement”).

By downloading and also by using this App You are agreeing to be bound by these Terms and any such amendments made by Us to these Terms from time to time. The Terms as amended will be posted on the Website and are available via this App. It is Your responsibility to ensure You are aware of the Terms current at any particular time and We recommend that You regularly check the Website to ensure You are aware of the Terms that apply at any particular time.

Each time You use the App You are deemed to have agreed to the Terms current at the time of use of the App and You agree to comply with them.

If you do not agree to these terms do not download or use the app and uninstall all copies of the app off your devices if you have already installed copies of the app.

Who We are and what this agreement does

We, Kapshoo, of Electra House, Electra Way, Cheshire, CW1 6GL England, subject to the Terms, license You to use the App, the Services, the Website and the Documentation as permitted in these Terms.

This privacy policy applies only to the actions of Kapshoo Limited and Users with respect to this Website. It does not extend to any websites that can be accessed from this Website including, but not limited to, any links we may provide to social media websites.

For purposes of the applicable Data Protection Laws, Kapshoo Limited is the “data controller”. This means that Kapshoo Limited determines the purposes for which, and the manner in which, your Data is processed.

Basic Terms

You may use the Service only if you are legally able to form a valid, legally-binding contract with us and are not a person barred from receiving Kapshoo under the laws of the United Kingdom or other applicable jurisdiction. If you are accepting this Agreement on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use Kapshoo only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations.

Kapshoo Service

Subject to the terms of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely-revocable licence to use the Service for your personal, non-commercial use only and as permitted by the features of the Service. We reserve all rights not expressly granted herein in the Service, including, without limitation, the service and the content pertaining to the Service (in this Agreement, “Content” means all content of the Service other than user content and user submissions (“User Content”) and content licensed by us from third parties)). We may terminate the license created by this clause at any time for any reason or no reason. Your Kapshoo account (“User Account”) gives you access to the Service and functionality that we may establish and maintain from time to time and in our sole discretion.

1. Definitions

In this privacy policy, unless the context requires a different interpretation:

1. the singular includes the plural and vice versa;
2. references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of this privacy policy;
3. a reference to a person includes firms, companies, government entities, trusts and                      partnerships;
4. “including” is understood to mean “including without limitation”;
5. reference to any statutory provision includes any modification or amendment of it;
6. the headings and sub-headings do not form part of this privacy policy.

In this privacy policy, the following definitions are used:

Affiliates

Means any company that is a group company of Ours, any supplier of services to Us or customer of Us or any business that provides services that can be connected to using either the Website or the App.

App

Means any company that is a group company of Ours, any supplier of services to Us means the Kapshoo mobile application and any updates or supplements to it.

App Provider

Means the store or place on the worldwide web or such other place from where you downloaded the App. For example, “Apple Inc’s App Store”.

Cookies

Are small text files placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by this Website are set out in the clause below (Cookies);

Data

Collectively all information that you submit to Kapshoo Limited via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws;

Data Protection Laws

Any applicable law relating to the processing of personal Data, including but not limited to the GDPR, and any national implementing and supplementary laws, regulations and secondary legislation;

Documentation

Means the related online or electronic documentation available either through the App or on the Website

GDPR

The UK General Data Protection Regulation;

Posting

Means any posting of content using the App including but not limited to the documenting of memories, the posting of photographs, videos, music, sound recording, artwork, or text to a timeline or elsewhere. Postings means more than one Posting whether such Postings are to one location or more than one.

Kapshoo Limited,
We or Us Kapshoo Limited, a company incorporated in England and Wales with registered number 13472157 whose registered office is at Electra House, Electra Way, Cheshire, CW1 6GL;

Services

Means the services that can be accessed using the App or can be shared with others.

Terms

Means the terms as set out herein and as amended by Us from time to time.

UK and EU Cookie Law

the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 & the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2018;

Us

Means Kapshoo Limited, Electra House, Electra Way, Cheshire, CW1 6GL

User or you

Any third party that accesses the Website and is not either:

1. employed by Kapshoo Limited and acting in the course of their employment or
2. engaged as a consultant or otherwise providing services to Kapshoo Limited and accessing the Website in connection with the provision of such services.

We

Means Us

Website

The website that you are currently using, https://Kapshoo.io, and any sub-domains of this site unless expressly excluded by their own terms and conditions.

You

Means you.

Your

Means belonging to you.

2. Creating a Page

A user can create a page (“Page”) using Kapshoo or the Website.

In order to create a Page, you must provide your:

1. full name;
2. address;
3. email address; and
4. if purchasing a Paid Subscription Plan, bank account details for the purpose of paying the Subscription Fee.

Once you have created a Page, the Service will assign you as “Page Administrator” for that Page and will give you the “User Account” details for that Page.

You may choose to remove the Page at any time. The Service may permit two or more individuals to act as Page Administrator on each Page, with each having equivalent rights in respect of approval and removal of User Content. You can apply to appoint additional Page Administrators by following the prompts on Kapshoo or the Website.

A Page Administrator role cannot be assigned to another person other than in accordance with this Agreement.

3. Disputes About Pages or Their Content

1. We will endeavour to take into account the wishes of immediate family members of a user who becomes deceased (“Deceased User”) in relation to the establishment of, or the User Content appearing on, a Page, however we reserve the right to remove any Content or Page in its entirety and the right to merge the Content of any two or more Pages relating to the same Deceased User, at our discretion, including in the event of a dispute over the administration of, or Content appearing on, a Page.
2. The Service and its components are offered for informational purposes only; we are not responsible or liable for the accuracy, usefulness or availability of any Content or other information transmitted or made available via the Service and shall not be responsible or liable for any error or omissions in that Content or information.
3. We reserve the right in our discretion to remove any user, page, or content on the grounds of the presence of indecent or otherwise inappropriate content or improper behaviour. Guidelines regarding what is likely to constitute improper behaviour are listed in paragraph 9 below.

4. Your Privacy

We only use any personal data We collect through Your use of the App and the Services in the ways set out below:

For the purpose of the Data Protection Act 1998 (the Act), We are the data controller.

6. Privacy

We value your privacy. Any information that you provide via the Service is subject to our Privacy Policy, a copy of which is available here [INSERT HYPERLINK] which governs our collection and use of User information. You understand that through your use of the Service you consent to the collection and use (in accordance with the Privacy Policy) of this information, including the transfer of this information within the United Kingdom and/or to other countries for storage, processing and use by us (in accordance with the Privacy Policy). In order to provide the Service to you, we may need to provide you with certain communications, such as service announcements and administrative messages (“Communications”). The communications are an essential aspect of the Service and of your right to maintain a User Account and you may therefore not be able to opt out of receiving such Communications.

7. Passwords

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions taken by any person who logs into the Service using your password. We encourage you to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers and symbols) with your user account. We recommend you notify us [INSERT HYPERLINK – ONLINE CONTACT FORM]immediately of any breach of security or unauthorised use of your User Account. We will not be liable for any losses caused by any unauthorised use of your User Account.

8. Use of Kapshoo

Kapshoo is provided for your personal and non-commercial use and for informational purposes only. Any other use of Kapshoo requires our prior written consent.

9. Guidance as to Improper Behaviour

You agree not to engage in any of the following non-exhaustive list of prohibited activities (“Prohibited Activities”) in relation to the Service. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, engages in any Prohibited Activities.

• Posting or transmitting to other Users anything that contains User Content that is or may:
• be defamatory, abusive, obscene, profane or offensive;
• infringe or violate another party’s intellectual property rights (such as music, videos, photos or other materials) where you do not have written authority from the owner of such materials to use them;
• violate any party’s right of publicity or right of privacy;
• be threatening, harassing or promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
• promote or encourage violence;
• be inaccurate, false or misleading in any way;
• be illegal or promote any illegal activities;
• promote illegal or unauthorised copying of another person’s copyrighted work or links to them or providing information to circumvent security measures;
• contain “masked” profanity (i.e., F*@&#);
• contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and/or
• contain any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

• Using any scraper, spider, robot or other automated means of any kind to access the Service, deep-link to any feature or content on the Service, crawl the Service in any manner, or bypass any other measures we may use to prevent or restrict access to the Service;

• Overloading, flooding, spamming, mail-bombing the Service, or scripting the creation of content in such a manner as to interfere with or create an undue burden on the Service;

• Undertaking, causing, permitting or authorising the modification, creation of derivative works in respect of, translation, reverse engineering, decompiling, disassembling or hacking of any aspect of the Service or any part thereof, or attempting to do any of the foregoing, except and solely to the extent permitted by law, or otherwise attempt to use or access any portion of the Service other than as intended by us;

• Reproducing, distributing, displaying, performing, selling, trading, reselling or exploiting any portion of the Service, use of the Service, access to the Service or Content obtained through the Service for any purpose;

• Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;

• Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure and that relating to the Service;

• Uploading, sending, posting, transmitting or otherwise making available any invalid data, viruses, worms, or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service;

• Uploading or otherwise transmitting to or through the Service any unlawful, harmful, harassing, defamatory, threatening, vulgar, sexually explicit or, hateful or otherwise objectionable (in our opinion) material of any kind;

• Collecting or harvesting any personal information, including User Account names, from the Service;

• Deleting any copyright and other proprietary rights notices pertaining to the Service;

• Uploading, posting or otherwise transmitting any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) to or via the Service;

• Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;

• Using any trademarks, service marks, design marks, logos, photographs or other content belonging to us and/or obtained via the Service;

• Interfering with the proper working of the Service;

• Accessing, tampering with, or using any content, User Accounts, personal information or other information on the Service through any technology or means other than those provided or authorised by the Service; and/or

• Bypassing the measures we may use to prevent or restrict access to the Service, including (without limitation) features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

10. Termination of Access

In addition to any right or remedy that may be available to us under this Agreement or applicable law, we expressly reserve the right to suspend, limit or terminate your access to the Service at any time with or without notice and with or without cause, including if we determine, in our sole discretion, that you pose a threat to the Service or its Users. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.

11. Links to other websites

The App or any Service may contain links to other independent websites (including the websites of our Affiliates) 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).

Our Affiliate’s websites may also contain links to other independent websites and We are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make Your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

12. Changes of business ownership and control

Kapshoo Limited may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of Kapshoo Limited. Data provided by Users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this privacy policy, be permitted to use the Data for the purposes for which it was originally supplied to us.

We may also disclose Data to a prospective purchaser of our business or any part of it.

In the above instances, we will take steps with the aim of ensuring your privacy is protected.

13. User Content and Your Licence to Us

1. You retain your rights to any User Content you submit, post, or display on or through the Service and we do not claim ownership of any of your User Content. Instead, for good and valuable consideration, including your right to use the Service, the receipt and sufficiency of which is hereby acknowledged, you hereby grant to us, and our respective parents, subsidiaries and affiliate companies, successors, assigns, designees, agents and employees the non-exclusive, fully-paid, sub-licensable, assignable, royalty-free right and licence to use your User Content, in any and all media now known or hereafter developed, throughout the world, subject to our Privacy Policy, available here [INSERT HYPERLINK TO PRIVACY POLICY]Error! Hyperlink reference not valid..

12. You can choose who can view your User Content, in accordance with the Privacy Policy. The limited licence created by paragraph 12.1 continues even after you stop using the Service, with respect to aggregate and de-identified data derived from User Content and any residual backup copies of User Content. This licence also extends to any trusted third parties that we work with from time to time in connection with the provision of the Service to you.

14. Reviewing and removing content

• Kapshoo does not pre-screen postings and to the maximum extent permitted by law, we are not responsible or liable in respect of any User Content.

• We reserve the right (but disclaim the obligation or responsibility) to monitor User Content.

• We encourage you to notify us of inappropriate or illegal User Content and we reserve the right to remove User Content posted in breach of this Agreement.

• If you believe that your or another person’s or entity’s Intellectual Property Rights have been infringed, please contact us. [INSERT HYPERLINK TO CONTACT FORM]

• You may “flag” User Content for inappropriateness. We will endeavour to review and, if we consider necessary and appropriate, remove as soon as possible, any User Content that has been flagged by two or more Users.

• We reserve the right to edit or abridge User Content and to disclose any information relating to Users or User Content as may be necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any Content, in whole or in part, in our discretion in order to ensure the orderly, lawful and efficient operation of the Service.

• Subject to our right to modify, suspend or discontinue any Content, the Service, and its associated Content, will remain available online for as long as we continue to conduct our business and operate the Service.

15. Proprietary Rights

• We are the owner of, or otherwise licensed to use, all parts of the Service, including all Content, copy, software, graphics, designs, photographs, and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein.

• The Content (other than User Content), including all other text, graphics, images, logos, icons, photographs, audio and visual material and other content are or may be protected by intellectual property rights. Intellectual property rights in that Content are either owned by or licensed to us.

• You may access and view the Content for the purpose of your personal use of the Service, in accordance with the terms of this Agreement (“the Purpose”). Other than for the Purpose, you may not, without our prior written permission, in any form or by any means:
• contain any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
• adapt, reproduce, store, distribute, print, display, perform, publish, reverse engineer or create derivative works from any Content;
• commercialise or on-sell any Content;
• mirror or frame the Service or any part or Page of the Service; or
• use any automated process of any sort to query, access, retrieve, scrape, data-mine or copy any Content or generate or compile any document, index or database based on any Content.
• If you are a recognised media outlet or a commercial online publication, you may use the Content (other than User Content) subject to you acknowledging the Service as the source of the relevant material re-published by you.
• You agree not to disclose to any person or entity, personally identifiable information about other Users that you learn using the Service (whether posted in a Page or e-mailed to you by a User) without the express written consent of such User.
• Some Content may belong to third parties who have authorised us to display that Content. By using the Service, you agree not to copy, distribute, modify or make derivative works of any Content without the prior written consent of the owner of such Content.
• For the avoidance of doubt, except as may expressly be stated in this Agreement, no licence is granted to you and no rights are conveyed by virtue of you accessing or using the Service. Unless otherwise stated in this Agreement, all rights in respect of the Service are reserved by us.

16. Third-Party Content, Products and Services

• We may provide third party content (including advertisements), products or services or link to third party websites or other services within the Service. We do not necessarily endorse or evaluate third party content, products and services; we do not assume responsibility for third parties’ actions or omissions; and we have no liability whatsoever for goods and services you may obtain from or through third-party services, even if you were directed or linked to such a service through our Service. You should review third parties’ terms of use and privacy policies before you use their services.

• In certain instances, you may be able to connect and/or link your User Account to certain third party social media sites (“Social Media Sites”), including, without limitation, Facebook and Twitter. By connecting or linking your User Account to any Social Media Site, you acknowledge and agree that you are consenting to the continuous release of information about yourself to others, including to the relevant Social Media Site(s) (in accordance with your privacy settings on such Social Media Site(s)). If you do not want information about yourself to be shared in this manner, do not connect or link your user account to any Social Media Site.

17. Subscription Policy

• You can subscribe via the Website or via Kapshoo for free (“Free Subscription Plan”). You will then be given the option of subscribing to various paid subscription plans offering greater levels of functionality (“Paid Subscription Plans”).

• You acknowledge that, in respect of a Paid Subscription Plan, you may be charged a fee (“Subscription Fee”) both at the point of subscription and, if applicable, on an ongoing basis whilst you use the Service.

• No Subscription Fee will be charged for creating a Page under a Free Subscription Plan.

• When you sign up for a monthly or annual Kapshoo “Pro” or “Lifetime” Paid Subscription Plan, you will receive additional features that are not available with the Free Subscription Plan. Paid subscriptions will automatically renew unless you cancel the subscription according to the cancellation method provided below.

• We may also offer other products and services (i.e. other than Paid Subscription Plans) via the Service, to which the billing and payment provisions in this Agreement will also apply.

• The full monthly or annual Subscription Fee for the relevant Paid Subscription Plan will be displayed at the time of purchase including, where applicable, any introductory pricing which may apply subject to any stated limitations, such as a limited period within which to benefit.

• The applicable Subscription Fee [for the first period, whether one month or one year,] [NOTE: correct?] will become payable on the date that you sign up to the relevant Paid Subscription Plan and will then be payable monthly or annually (as the case may be) in advance until termination of your Paid Subscription Plan in accordance with the terms of this Agreement (“Subscription Fee Period”).

• By signing up to a Paid Subscription Plan and providing us with the details (such as bank account, credit or debit card information) that we require to take payment from you on a regular basis in accordance with the details of the relevant Paid Subscription Plan (“Payment Method”), you authorise us to charge to your Payment Method the Subscription Fee for your chosen Paid Subscription Plan for each Subscription Fee Period in accordance with this Agreement.

• We reserve the right to increase any Subscription Fee in our absolute discretion. Any increase in the Subscription Fee will be effective on the first day of your next Subscription Fee Period, which is the date on which we would normally take the advance payment for that forthcoming Subscription Fee Period. If you do not agree to any increase in your Subscription Fee, you may cancel your Paid Subscription Plan in accordance with the terms of this Agreement through your User Account.

• We may also increase your Subscription Fee without notice if required by law, or if any regulatory authority requests or requires a change to any part of our pricing structure which directly affects your Paid Subscription Plan. If this happens, we will use reasonable endeavours to give you prior notice. If you do not agree to that increase in your Subscription Fee, you may cancel your Subscription Plan in accordance with the terms of this Agreement through your User Account.

• You may cancel your Paid Subscription Plan through your User Account at any time in accordance with the terms of this Agreement. The cancellation of your Paid Subscription Plan will be effective on the last day of the current Subscription Fee Period, and your Paid Subscription Plan will be discontinued from this date, but without prejudice to any outstanding claim which we may have against you.

• You can choose your Subscription Plan when you create a Page. If you already have a Page, you can upgrade (to a Paid Subscription Plan) or downgrade (to a Free Subscription Plan) at any time through your User Account.

• If you upgrade to a Paid Subscription Plan, you will be able to access your new Subscription Plan immediately.The new Subscription Fee will be applied pro rata for the remainder of your Subscription Fee Period (subject to the terms of any free trial offer which you may have taken advantage of) and you will be charged immediately upon upgrade. The full new Subscription Fee will be applied at start of the next Subscription Fee Period.

• If you wish to downgrade your Subscription Plan, the downgrade will take effect at the end of that Subscription Fee Period (subject to the terms of any free trial offer which you may have taken advantage of). If applicable, the full new Subscription Fee will be applied at the start of the next Subscription Fee Period.

18. Promotions

• You may be offered via the Service a free trial period, or other promotional discount or benefit, if you subscribe to a particular Paid Subscription Plan (“Promotion”). We reserve the right to offer, withdraw, change, cancel or determine your eligibility for any Promotion at our discretion.

• Some Promotions may run for a certain specified period of time that will be displayed on the Service (“Promotion Period”).

• Your Payment Method may be charged a small nominal amount to verify it, but this verification charge will be refunded without you needing to take any further action.

• It is your responsibility to know when your Promotion will end, and the applicable Subscription Fee for your Paid Subscription Plan once the Promotion has ended.

• You acknowledge that at the conclusion of the Promotion, we will commence billing you the relevant annual or monthly Subscription Fee in accordance with this Agreement, unless, prior to the end of the Promotional Period, you:
• cancel your Paid Subscription Plan; or
• downgrade your Subscription Plan to a Free Subscription Plan.

• Promotions may be subject to additional terms and conditions published on the Service, which shall apply in addition to, and prevail to the extent of any inconsistency over, this Agreement.

19. Payment Methods

• We accept credit and debit cards issued through VISA, MasterCard, American Express and Discover as valid Payment Methods.

• We require you to provide the security code for your debit or credit card to protect against the unauthorised use of your card by other persons. The security code is an individual three- or four-digit number specific to your card that may be printed on the face of your card above the embossed account number (if American Express), or on the back of your card, on the signature panel (if Visa, or MasterCard).

• In the event that we are unable to charge the Payment Method you have provided (e.g. expired credit card), we will send you a notice to update your Payment Method information. You will have a 3-day grace period to update this information. If the information is not updated within the 3-day grace period, we may terminate your Paid Subscription Plan.

20. No Refunds

• You may downgrade your Paid Subscription Plan to the Free Subscription Plan at any time; however, there are no refunds of Subscriptions Fees or of any other payment which we may have received from you referrable to any unused portion of a Paid Subscription Plan or other aspect of the Service or for any other product or service sold via the Service.
• As noted above, any downgrade will take effect after the last day of the current Subscription Period, unless you completely deactivate your User Account, in which case your User Account and Paid Subscription Plan will be terminated at that time.
• Without prejudice to the foregoing provisions of this clause, we reserve the right to consider granting a refund request on a case-by-case basis, in our sole discretion.

21. Payment Information; Taxes

• All information that you provide in connection with a purchase or transaction or other monetary interaction with the Service must be accurate, complete, and current.

• You agree to pay all charges incurred by users of your Payment Method used in connection with a purchase or transaction or other monetary interaction with the Service at the prices in effect when such charges are incurred.

• You will be solely responsible for, and indemnify us on demand against, any applicable taxes relating to any such purchases, transactions or other monetary interactions.

22. Closing Your User Account

To cancel your User Account please follow the instructions within Kapshoo and the Website [ADD HYPERLINK].

23. Security

• We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorised third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information to us at your own risk.

• We will store and process all User Content in a manner consistent with industry security standards. We have implemented appropriate technical, organisational, and administrative systems, policies, and procedures designed to help ensure the security, integrity, and confidentiality of User Content and to mitigate the risk of unauthorised access to, or use of, User Content.

• If we become aware of any unauthorised or unlawful access to, or acquisition, alteration, use, disclosure, or destruction of, personal data related to your account (“Security Incident”), we will take reasonable steps to notify you.

• We will take reasonable steps to assist you with respect to the investigation of a Security Incident, including in preparing any required notices, and providing any other information reasonably requested by you, provided that such information is not already available to you via your User Account or otherwise online.

24. Rights under British Law

• This Agreement is governed exclusively by the Courts of England and Wales and both you and we agree to submit to the exclusive jurisdiction of the Courts of England and Wales in relation to any matter arising under the terms of this Agreement.

• English and Welsh consumer law provides consumers with certain rights in respect of our Service that cannot be excluded by this Agreement. Nothing in this Agreement shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy imposed or implied by law and which cannot by law be excluded, restricted or modified.

25. Legal Complaints

Copyright Claims

1. We respect intellectual property rights. If you believe that content on the Service infringes your copyright, a notification of claimed copyright infringement must be sent to us via the relevant link on the Website [INSERT HYPERLINK].
2. Notifications of claimed copyright infringement on the Service must include the following:

• an electronic or physical signature of the owner of the copyright interest that is allegedly infringed, or of a person authorised to act on the copyright owner’s behalf;
• identification of the copyrighted work(s) that you claim have been infringed;
• identification of the material that you claim is infringing;
• a clear description of where the infringing material is located on the Service so that we can locate it;
• your name, address, telephone number, and email address;
• a statement that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and
• a statement by you that the information in your notification is accurate and, under penalty of fraud, that you are the copyright owner or are authorised to act on the copyright owner’s behalf.

Errors and Inaccuracies

1. We are constantly updating product and service offerings within the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

26. Indemnity

1. You agree to indemnify, defend and hold harmless us, our employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including professional fees and costs, arising from, or related to, any breach by you of any of this Agreement or applicable law and in connection with your User Content and activities in relation to the Service.

27. No Warranties / Limitation of Liability

• While we use reasonable efforts to include up-to-date information on the Service, we makes no warranties or representations as to its accuracy or completeness, we accept no liability or responsibility for any errors or omissions in the Content on the Service. Your use of the Service is at your own risk.

• The Service, including all Content made available on or accessed through the Service, is provided “as is” and we make no representations or warranties of any kind whatsoever in relation to such Content.

• Furthermore, to the fullest extent permissible by law and subject to the other provisions of this Agreement, we disclaim any express or implied warranties, including, without limitation, non-infringement, title, merchantability or fitness for a particular purpose.

• We do not warrant that the functions contained in the Service or any materials or Content contained therein will be uninterrupted or error-free, that defects will be corrected, or that the Service, or the server that makes it available, is or are free of viruses or other harmful components.

• We shall not be liable for the use of the Service, including, without limitation, the Content and any errors contained therein.

• In no event will we be liable in tort, contract, strict liability or other legal or equitable remedy for any lost profits, lost data, lost opportunities, costs of cover, exemplary, punitive, personal injury/wrongful death, special, incidental, indirect or other consequential damages, or for any direct damages, each of which is hereby excluded by agreement of the parties regardless of whether or not either party has been advised of the possibility of such damages.

28. Entire Agreement and Changes

• This Agreement and our Privacy Policy are the entire and exclusive agreement between us and you regarding the Service and this Agreement supersedes and replaces any prior agreements between us and you regarding the Service.

• We may, in our sole discretion, modify or update this Agreement from time to time, and so you should review this page [INSERT HYPERLINK TO THIS AGREEMENT] periodically. When we change the Agreement in a manner which we deem to be material, we will update the ‘last modified’ date at the bottom of this page. If you do not agree to any of the terms of this Agreement or any future terms, do not use or access (or continue to access) the Service. Your continued use of the Service will signify your acceptance of any adjustment to this Agreement.
• If there are any changes to our Privacy Policy, we will announce that these changes have been made on the Website. You are therefore advised to re-read our Privacy Policy on a regular basis.
• The ways in which You can use the App and Documentation may also be controlled by the App Provider from whom You downloaded the App rules and policies, and said rules and policies will apply instead of these Terms where there is an express conflict between the two.

29. Operating system requirements

To use this App Your mobile device will need to use either of the operating systems below:

iOS:10.2.1; or

Android 7.1.1.

From time to time new versions of iOS and Android may become available and We envisage that from time to time We may update the App to take advantage of newer versions of these two operating systems but We are not obliged to do so.

When a new version of the App is made available to run on a new version of the operating system, before updating Your App it is Your sole responsibility to ensure You have the appropriate new operating system successfully installed on Your device and that Your device is fully compatible with it.

It is envisaged that any new version of iOS or Android operating systems will be compatible with any app (including the App) designed to run with the appropriate older versions of the operating system but this cannot be guaranteed. Therefore, as You migrate to new versions of Your operating system You may also need to download a new version of the App to maintain access to the Services.

Each time We provide an Update or a new version of the App it will be designed to run with a specific version of the relevant operating system. It may run successfully with earlier versions of the same operating system but this cannot be guaranteed.

It is Your sole responsibility to ensure that You have the appropriate version of the App for the version of the operating system You are running on Your device.

30. Support for the App and how to tell Us about problems

If You have any problems using the App or if You think the App or the Services are faulty or incorrectly described or wish to contact Us for any other reason, please email Our customer service team at <app@reminis.io>.

31. How We will communicate with You.

If We have to contact You We will do so by email, or by SMS, or via the App, using the contact details You have provided to Us.

32. 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:

1. Download or stream a copy of the App onto any number of devices and view, use and display the App and the Service on such devices for Your personal purposes only. In addition You may share the App with others via the App itself or by inviting friends and family via email;
2. If people you invite already have the App on their device, the link will take them to your timeline and they are able to contribute to your memories. If they do not have the App pre-installed on their device, the link will take them to the Apple App Store or Google Play;
3. Build and store memories within the App. You may add Your own memories, You may invite others to add their memories and You may contribute to the memories on other people’s timelines. When interacting with the App, You may tailor Your privacy settings to an interaction level that You are comfortable within the Permissions section of the App;
4. Use any Documentation to support Your permitted use of the App and the Service; and
5. receive and use any free supplementary software code or Update incorporating “patches” and corrections of errors as We may provide to You.

You must be 13 or over to accept these Terms and download the App.

33. You may not transfer the App to someone else

We are giving You personally the right to use the App and the Services. Whilst You may have sharing rights as set out above, see <HOW YOU MAY USE THE APP>, You may not otherwise transfer the App or the Services to someone else, 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. Your use of the App is subject to these Terms and in particular You should note the LICENCE RESTRICTIONS and ACCEPTABLE USE RESTRICTIONS.

34. Changes to these Terms

From time to time We may need to change these Terms to reflect changes in law or best practice or to deal with additional features which We introduce, or some operational reason.

We will use Our reasonable endeavours to post a notice of the amended Terms on the Website at least 30 days before the date that such changes will come into effect but any failure on Our part to do so shall not be a breach of this agreement.

If You do not accept the new Terms You must not continue to use the App and the Service and You must uninstall the App from all the devices on which You have the App installed.

35. Updates to the app and changes to the service

From time to time the App Provider or 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.

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.

36. Suspension of Service

From time to time We may need to deny access to the App or part thereof, or the Services may not function consequent to:

1. a malicious attack on Our servers or the infrastructure used in providing the Services to You; such interruption may be immediate and without warning;
2. a failure of Our servers or the infrastructure used in providing the Services to You; such interruption may be immediate and without warning;
3. planned maintenance of Our servers or planned maintenance of the infrastructure used in providing the Services to You. Where possible, We will use reasonable endeavours to post advanced notice on the Website but Our failure to do so shall not be a breach of the Terms;
4. We may suspend or withdraw or restrict the availability of all or any part of the Services including the editing or removal of a Posting or of content for legal, business and operational reasons or where You are in breach of these Terms without notice;
5. We may edit or remove a Posting or content at our sole discretion where in our opinion the Posting or content does not meet our standards of quality or we consider for any reason whatsoever it not to be an appropriate use of the App;
6. We may without notice at any time change the look, feel and functionality of the App or the Services, or cease to support the App or provide the Services indefinitely;
7. and You will hold Us harmless in respect of all such changes, interruptions or terminations in the Services and the said interruptions or any termination of the Services shall not constitute a breach of this Agreement.

37. Viruses

We do not guarantee that Our servers are free from viruses or any other form of malware or will be. You must use Your own virus protection software. You must ensure Your virus protection software is up to date at all times.

38. The App is for users in the United Kingdom

You shall ensure that all of Your Postings made using the App complies with all relevant UK law at all times. Further You shall not make available any regulated item, information or service of any kind using the App or via the Website other than in full compliance with all relevant laws and regulations and excepted best practice applicable in the UK.

39. Performance

You acknowledge, agree and accept that We do not own or control the local circuit link, leased co-location space, leased space cross-connects, telecommunications systems or internet service provider partners providing connectivity to the App, its supporting infrastructure, other networks outside of the connectivity to the App, or Our internet service provider partners, or the ‘Internet’, nor are We responsible for performance (or non-performance) of such networks or interconnection points.

To the fullest extent permissible by law but not otherwise, We expressly exclude any warranty that, save for this clause, may be implied as to satisfactory quality, fitness for a particular purpose, title, non-infringement or interference or reliability, timeliness of the Website or App, its content or any service provided by Us through or in conjunction with the App.

40. 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.

41. 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.

42. We may collect location data (but You can turn location services off)

From time to time We may offer certain Services that 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. 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 services.

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

43. Licence restrictions

The Website is directed to people residing in the United Kingdom (‘UK’). We do not represent that its content is appropriate for use or available in other locations.

You agree that You will:

1. except in the course of permitted sharing, 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;
2. not copy the App, Documentation 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;
3. 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;
4. 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:
5. 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
6. is not used to create any software that is substantially similar in its expression to the App;
7. is kept secure; and
8. is used only for the Permitted Objective;
9. 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.
10. not attempt to gain unauthorised access or to circumvent, disable or otherwise interfere with any security feature of the App or any system, program, hardware, firmware or software used by Us directly or indirectly in delivering the Services provided via the App whether to You or third parties.

44. Acceptable use restrictions

You:

1. irrevocably agree that We are merely a host of any content or data that You upload to Our servers using the App;
2. must 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 Services or any operating system or Our servers;
3. must 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);
4. must not use the App to upload or transmit any material that may be considered to:

contain or promote violence, sexual material or the use of alcohol or drugs or any illegal activity;

1. be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
2. be likely to harass, upset, embarrass, alarm or annoy any other person;
3. impersonate any person, or to misrepresent Your identity or affiliation with any person;
4. give the impression that they emanate from Us, if this is not the case;
5. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
6. harass, upset, embarrass, alarm or annoy any other person or is defamatory, offensive or otherwise objectionable;
7. must 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;
8. must not collect or harvest any information or data from the Service or Our systems or attempt to decipher any transmissions to or from the servers running the Service or any services We provide to You or any third party;
9. must not use the App to create content of any third party other than a person who is deceased;
10. must not use any information or image You obtain through use of the App or the Services for any commercial use whatsoever or provide the same to any other person knowing or believing that it is likely that they will use it for commercial purposes; and
11. agree to indemnify Us on a full indemnity basis for any losses We sustain directly or indirectly consequent of Your breach of these Acceptable Use Restrictions including Our costs enforcing Our right to this indemnity.

Without prejudice to the above, any content You add to Your or any ‘timeline’ or content elsewhere using the App:

1. must be accurate (where facts are stated);
2. opinions (where stated) must be genuinely held;

45. Intellectual property rights

All intellectual property rights in the App, the Documentation and the Services throughout the world belong to Us and the rights in the App and the Services are licensed (not sold) to You. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these Terms.

You agree to indemnify Us on a full indemnity basis for any losses We sustain directly or indirectly consequent of Your breach of any third party intellectual property right including Our costs enforcing Our right to this indemnity.

46. Third party intellectual property rights

If You believe any intellectual property right that You have has been infringed by any content within the app or any other content on Our servers, please note that a copyright infringement notice and instructions are available on the Website.

47. Our responsibility for loss or damage suffered by You

We are responsible to You for foreseeable loss and damage caused by Us. If We fail to comply with these Terms, We are responsible for loss or damage You suffer that is a foreseeable result of Our breaking these Terms or Our failing to use reasonable care and skill, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time You accepted these Terms, both We and You knew it might happen.

We do not exclude or limit in any way Our liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

When We are liable for damage to Your property. If defective digital content that We have supplied damages a device or digital content belonging to You, We will either repair the damage or pay You compensation. However, We will not be liable for damage that You could have avoided by following Our advice to apply an update offered to You free of charge or for damage that was caused by You failing to correctly follow installation instructions or to have in place the minimum system requirements advised by Us.

We are not liable for business losses. The App is for domestic and private use. If You use the App for any commercial, business or resale purpose We will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity or reputation or goodwill.

48. Limitations to the App and the Services

The App and the Services are provided for the recording and sharing of memories. 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.

49. 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. (The App enables You to conveniently export Your data from the App as a zip file).

50. 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 Provider site and in the Documentation) meet Your requirements.

51. 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 We will not be liable for delays caused by the event. In the event that We believe that the service interruption will last for some time, We will use Our reasonable endeavours to inform You via the Website of the reasons for the service interruption and Our estimate when normal services will be resumed.

52. We may end Your rights to use the App and the Services if You break these Terms

We may end Your rights to use the App and Services at any time by contacting You if You have broken these Terms in any way that is not a trivial technical breach of these Terms.

If We end Your rights to use the App and Services:

1. You must stop all activities authorised by these Terms, including Your use of the App and any Services.
2. 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.
3. We may remotely access Your devices and remove the App from them and cease providing You with access to the Services.

53. We may transfer this agreement to someone else

We may transfer Our rights and obligations under these Terms to another organisation. We will always tell You if this happens and We will ensure that the transfer will not affect Your rights under the contract.

54. 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.

55. 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.

56. 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 Terms shall, if possible, be changed and interpreted so as to best accomplish the commercial objectives of such term within the limits of applicable law, the remaining paragraphs will remain in full force and effect.

57. 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.

58. Which laws apply to this contract and where You may bring legal proceedings

These Terms are governed by English law and You can bring legal proceedings in respect of the products in the English courts. If You live in Scotland You can bring legal proceedings in respect of the products in either the Scottish or the English courts. If You live in Northern Ireland You can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

59. Alternative dispute resolution

In using this App You have warranted that You are a consumer. If You have a complaint about the App or the service provided by Us in supporting the functionality of the App and You have exhausted Our complaints process but Your complaint has not been resolved to Your satisfaction, You have the legal right to submit Your complaint to the <Online Dispute Resolution> platform set-up by the European Commission.

To access the platform please click on the following link:

<http://ec.europa.eu/odr>

OR

You can submit a dispute to a UK-based Alternative Dispute Resolution provider.

A list of UK certified Alternative Dispute Resolution providers is available on the UK Chartered Trading Standards Institute website:

<www.tradingstandards.uk/ADRbodies>

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without You having to go to court.