PLEASE READ CAREFULLY BEFORE DOWNLOADING THE APP FROM THIS APPSTORE OR USING THE APP.

This end-user licence agreement (EULA) is a legal agreement between you (End-user or you) and 51Degrees.mobi Limited, a company incorporated in England and Wales with company number 07397529 and whose registered office address is at 51Degrees, Davidson House, Forbury Square, Reading, Berkshire, RG1 3EU, United Kingdom (us, we or our, as applicable) for:

• this mobile application software and all data and content supplied with the software (App); and
• all accompanying electronic documents, including those made available online, supplied in connection with the App (Documents).

You can contact us by post at 51Degrees, Davidson House, Forbury Square, Reading, Berkshire, RG1 3EU, United Kingdom or by email at contactus@51degrees.com.

We license use of the App and Documents to you on the terms of this EULA and subject to any rules or policies applied by the application e-store provider or operator (Appstore) from whose site or platform you downloaded the App (Appstore Rules). If there is any inconsistency or conflict between the terms of this EULA and those of the Appstore Rules, the terms of the Appstore Rules will prevail. We do not sell the App or Documents to you. We remain the owners of the App and Documents at all times.

We may provide a number of services that are accessible through the App (Services) and our Terms of Service, together with the terms of this EULA, will govern your use of those Services (collectively, the Terms).

We take your privacy seriously. To find out about why and how we process your personal information and your data protection rights, please see the 51Degrees App Privacy Policy.

OPERATING SYSTEM AND HARDWARE REQUIREMENTS: THIS APP REQUIRES DEVICES WITH INTERNET ACCESS THAT MEET THE MINIMUM SYSTEM REQUIREMENTS.

IMPORTANT NOTICE:

• BY DOWNLOADING THE APP FROM THE APPSTORE OR USING THE APP YOU AGREE AND WILL BE BOUND TO THE TERMS IN PARTICULAR THE LIMITATIONS ON LIABILITY SET OUT IN CONDITION 6 OF THIS EULA.
• IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENSE THE APP AND DOCUMENTS TO YOU AND YOU MUST NOT DOWNLOAD OR USE THE APP.

You should print or save a copy of the Terms for future reference.

AGREED TERMS

1 ACKNOWLEDGEMENTS

1.1 The terms of this EULA apply to the App and the Services, including any updates or supplements to the App or the Services, unless they come with separate terms, in which case those terms apply.

1.2 We may change these terms at any time by sending you an email or SMS with details of the change or notifying you of a change when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services. If you do not wish to accept the new terms you must delete the App from your device(s).

1.3 From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded the latest version of the App and accepted any new terms.

1.4 You will be assumed to own the mobile telephone, handheld or other electronic devices on which you download and install a copy of the App (or, if you do not own but control such device, that you have obtained permission from the owners) (Devices). You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.

1.5 By using the App or any Service, 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.

1.6 The Services will make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the App on the Device.

1.7 The App or any of the Services may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.

1.8 In relation to the iOS version of the App, we and you acknowledge that we, and not Apple Inc, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

1.9 Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.

2 GRANT AND SCOPE OF LICENCE

2.1 In return for you agreeing to abide by the Terms, we grant you a non-transferable, non-exclusive licence to use the App on the Devices, subject to the Terms and the Appstore Rules. We reserve all other rights.

2.2 You may:

(a) download a copy of the App onto as many Devices that you own or control (or the number of Devices permitted by the Appstore Rules, if greater) and to view, use and display the App on the Devices for your personal purposes only; and

(b) use the Documents for your personal purposes only.

2.3 The licence to use the iOS version of the App granted under this EULA is limited to: (i) Devices that are Apple-branded you own or control and as permitted by the Apple Appstore Rules; and (ii) Devices associated with your Apple Appstore account via a family sharing or volume purchasing arrangement.

3 LICENCE RESTRICTIONS

Except as expressly set out in this EULA or as permitted by any local law, you agree:

(a) 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;

(b) not to sell, rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or Documents;

(c) not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;

(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:

(i) is used only for the purpose of achieving inter-operability of the App with another software program;

(ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and

(iii) is not used to create any software that is substantially similar to the App;

(e) to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;

(f) to include our copyright notice on all entire and partial copies you make of the App on any medium;

(g) not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and

(h) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (Technology),

together, the Licence Restrictions.

4 ACCEPTABLE USE RESTRICTIONS

You must:

(a) not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, the Services or any operating system;

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

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

(d) not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

(e) not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service,

together, the Acceptable Use Restrictions.

5 INTELLECTUAL PROPERTY RIGHTS

5.1 You acknowledge that all intellectual property rights in the App, the Documents, the Services and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, the Documents or the Technology other than the right to use each of them in accordance with the Terms.

5.2 You acknowledge that you have no right to have access to the App in source-code form.

6 PROMISES, DISCLAIMER AND LIMITATION OF LIABILITY

6.1 You promise to us that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and that you are not listed on any U.S. Government list of prohibited or restricted parties.

6.2 You agree to reimburse us in full for any losses or liabilities we suffer or incur (including reasonable legal fees) as a result of any breach by you of your obligations in this EULA, including but not limited to any breach by you of the Licence Restrictions, Acceptable Use Restrictions and/or Terms of Service.

6.3 We both acknowledge that as between us and the Appstore, we (and not the Appstore) are solely responsible for: (i) addressing any valid claims made by you or a third party in relation to the App or your use of it; and (ii) for the investigation, defence, settlement and discharge of any valid claim for intellectual property infringement by a third party, in each case to the extent such responsibilities are not disclaimed under the terms of this EULA.

6.4 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.

6.5 IN RELATION TO THE iOS VERSION OF THE APP, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE INC WILL HAVE NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APP AND, TO THE EXTENT THAT THEY ARE NOT EXCLUDED UNDER THE TERMS OF THIS EULA AND THE TERMS OF SERVICE, WE SHALL BE SOLELY RESPONSIBLE FOR ANY OTHER CLAIMS LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY. IN PARTICULAR, APPLE INC WILL HAVE NO OBLIGATION WHATSOEVER TO FURNISH ANY MAINTENANCE AND SUPPORT SERVICES WITH RESPECT TO THE APP.

6.6 THE APP AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL PROMISES, WARRANTIES, CONDITIONS, OR REPRESENTATIONS RELATING TO THE APP AND THE SERVICES AND THE CONTENT AVAILABLE THROUGH THEM, WHETHER EXPRESS, IMPLIED, ORAL OR WRITTEN. IN PARTICULAR WE DO NOT MAKE ANY PROMISES AS TO THE TRUTH, ACCURACY, INTEGRITY, QUALITY OR COMPLETENESS OF THE CONTENT OR INFORMATION THAT APPEARS ON THE APP AND YOU SHOULD NOT RELY ON IT BEING ACCURATE, TRUTHFUL OR COMPLETE.

6.7 WE SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL OR SPECIAL LOSS RESULTING FROM YOUR USE OF THE APP AND DOCUMENTS. WE ONLY SUPPLY THE APP AND DOCUMENTS FOR YOUR PRIVATE USE AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. WE SHALL NOT BE LIABLE FOR ANY LOSSES, DAMAGES OR LIABILITIES RELATING TO YOUR USE OF OR RELIANCE ON THE APP OR YOUR INABILITY TO ACCESS OR USE THE APP.

6.8 NOTHING IN THIS EULA SHALL AFFECT OR REDUCE YOUR RIGHTS AS A CONSUMER UNDER APPLICABLE LAW OR TO LIMIT OR EXCLUDE OUR LIABILITY FOR:

(a) DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE;

(b) FRAUD OR FRAUDULENT MISREPRESENTATION; AND

(c) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

6.9 EXCEPT AS SET OUT ABOVE IN THIS CONDITION 6, OUR TOTAL LIABILITY IN CONNECTION WITH THE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL IN ALL CIRCUMSTANCES BE LIMITED TO FIVE BRITISH POUNDS STERLING (£5).

6.10 IN THE EVENT OF ANY FAILURE OF THE iOS VERSION OF THE APP TO CONFORM TO ANY WARRANTY PROVIDED BY US UNDER THIS EULA, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE FOR THE APP TO YOU IF YOU HAVE PURCHASED THE APP FROM THE APPLE APP STORE.

7 TERMINATION

7.1 We may terminate this EULA immediately by written notice to you:

(a) if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;

(b) if you breach any of the Licence Restrictions, the Acceptable Use Restrictions or our Terms of Service; or

(c) if we withdraw the App from the Appstore or cease to provide the Services for any reason.

7.2 On termination for any reason:

(a) all rights granted to you under this EULA shall cease;

(b) you must immediately cease all activities authorised by this EULA, including your use of the Services; and

(c) you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App and Documents then in your possession, custody or control and certify to us that you have done so.

8 COMMUNICATION BETWEEN US

8.1 If you wish to contact us in writing (including in relation to any questions, complaints or claims), or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail or by prepaid post using the contact details at the beginning of this EULA. We will confirm receipt of this by contacting you in writing, normally by e-mail.

8.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your request for the App.

9 EVENTS OUTSIDE OUR CONTROL

9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).

9.2 If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:

(a) our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and

(b) we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.

10 OTHER IMPORTANT TERMS

10.1 We both acknowledge and agree that, in respect of the iOS version of the App, Apple Inc and its subsidiaries are third party beneficiaries of this EULA, and that, upon your acceptance of this EULA, each of them will have the right (and will be deemed to have accepted the right) to enforce these terms of this EULA against you as a third party beneficiary. Except as provided in this condition 10.1, this EULA does not create any right enforceable by any person who is not a party to it.

10.2 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.

10.3 You may only transfer your rights or obligations under this EULA to another person if we agree in writing.

10.4 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

10.5 Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

10.6 Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.