Timter App End User Licence Agreement
PLEASE READ THESE LICENCE TERMS CAREFULLY
BY BUYING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT DOWNLOAD THE APP.
1. WHO WE ARE AND WHAT THIS AGREEMENT DOES
We are Tradecraft Tools Limited, trading as “Timter” (referred to as we, us or our in these terms) of Acre House, 11/15 William Road, London, NW1 3ER. We license you to use the Timter mobile application software (App) and any updates or supplements to it and the service you connect to via the App and the content we provide to you through it (Services) as permitted in these terms.
2. YOUR PRIVACY
3. APPSTORE’S TERMS MAY ALSO APPLY
The ways in which you can use the App may also be controlled by the rules and policies of the appstore through which you downloaded the App (which shall be referred to in these terms as an “Appstore”). Apple Media’s terms are available here: https://www.apple.com/legal/internet-services/ and Google Play’s terms are available here:
4. OPERATING SYSTEM REQUIREMENTS
The App requires an Android or iOS mobile device with a minimum of 2GB of memory and the Android or iOS operating system 7.0 (onwards) for Android or 12.1 (onwards) for iOS. For Android devices the App requires FHD (Full HD) device resolution or higher to work properly.
5. SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
- 5.1. If you want to learn more about the App or the Services or have any problems using them, please take a look at our support resources at www.timter.com.
- 5.2. If you have a problem with the App, just shake your mobile phone when the App is open to access the functionality to report a problem or share a suggestion. If you wish to contact us for any other reason, please email our customer service team at firstname.lastname@example.org.
6. HOW YOU MAY USE THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON
6.1. In return for your agreeing to comply with these terms you may:
- a_ download or stream a copy of the App onto an unlimited number of mobile devices provided these have the same user profile and are owned by you or your business; and
- b_ receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.
7. YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE
7.1. We are giving you personally the right to use the App and the Services as set out in section 6 above. You may not 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.
8. CHANGES TO THESE TERMS
- 8.1. We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
- 8.2. We will notify you of any change by sending you an email with details of the change or by notifying you of a change when you next start the App.
- 8.3. If you do not accept the notified changes you will not be permitted to continue to use the App and the Services and you may apply to the Appstore for a refund, which will reflect the period the App and the Services have been available to you.
9. UPDATE TO THE APP AND CHANGES TO THE SERVICES
- 9.1. From time to time we may automatically update the App and change the Services 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.
- 9.2. 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.
10. 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 operating system and hardware to improve our products and to provide any Services to you. When you report a problem or make a suggestion through the App we will collect and process your login name and name to respond or assist. You may also send us a screenshot.
11. WE MAY COLLECT LOCATION DATA (BUT YOU CAN TURN LOCATION SERVICES OFF)
Certain Services (such as weather updates) 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 on the device for the App. If you use these Services, you consent to our and our affiliates’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based products and services.
12. WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
- 12.1. The App and the Services may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
- 12.2. 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.
13. LICENCE RESTRICTIONS
13.1. You agree that you will:
- a_ not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person;
- b_ not copy the App or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
- c_ not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
d_ not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be
operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
- i_ is not disclosed or communicated without our 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;
- ii_ is not used to create any software that is substantially similar in its expression to the App;
- iii_ is kept secure; and
- iv_ is used only for the Permitted Objective.
14. ACCEPTABLE USE RESTRICTIONS
You must not:
- a_ use the App or any of 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, such as viruses, or harmful data, into the App, any of the Services or any operating system;
- b_ infringe our intellectual property rights or those of any third party in relation to your use of the App or any of the Services;
- c_ transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any of the Services;
- d_ use the App or any of the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; or
- e_ collect or harvest any information or data from any of the Services or our systems or attempt to decipher any transmissions to or from the servers running any of the Services.
15. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App 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 or the Services other than the right to use them in accordance with these terms.
16. LIMITED WARRANTY
- 16.1. We do not warrant that your use of the App will be uninterrupted or error-free, but we warrant that the App will be of satisfactory quality and fit for the purpose for which it is supplied during the period for which you pay your subscription for the App.
- 16.2. If, during your subscription period, you notify us in writing of any defect or fault in the App as a result of which it fails to perform as described above, we will, at our sole option, either repair the App or refund your subscription payment for the relevant month or year, provided that you give us all the information we need to help us to remedy the defect or fault.
16.3. The warranty does not apply if the defect or fault in the App results from you having:
- a_ altered or modified the App; or
- b_ having used the App in breach of these terms.
17. LIMITATION OF LIABILITY
- 17.1. You acknowledge that the App has not been developed to meet your individual requirements, including any particular cybersecurity requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.
- 17.2. We only supply the App for internal use by your business, and you agree not to use the App for any re-sale purposes.
17.3. We shall not in any circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this contract for:
- a_ loss of profits, sales, business, or revenue;
- b_ business interruption;
- c_ loss of anticipated savings;
- d_ loss or corruption of data or information;
- e_ loss of business opportunity, goodwill or reputation;
whether any of the losses set out in paragraph 17.3(a) to paragraph 17.3(e) are direct or indirect; or
- f_ any special, indirect or consequential loss, damage, charges or expenses.
17.4. Other than the losses set out in paragraph 17.3 (for which we are not liable), our maximum aggregate liability under or in connection with this contract whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to 100% of the subscription fees paid by you for the App during the 12 month period preceding the date the loss arose. This maximum cap does not apply
to paragraph 17.5. If you have not paid any subscription fees (for example during a trial period), we shall have no liability to you under this contract.
17.5. Nothing in these terms shall limit or exclude our liability for:
- a_ death or personal injury resulting from our negligence;
- b_ fraud or fraudulent misrepresentation; or
- c_ any other liability that cannot be excluded or limited by English law.
17.6. These terms set out the full extent of our obligations and liabilities in respect of the supply of the App and the Services. Except as expressly stated in these terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the App or the Services which might otherwise be implied
into, or incorporated in, these terms, whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
- 17.7. Although we make reasonable efforts to update the information provided by the App and the Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
18. YOUR RESPONSIBILITIES
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 Services.
19. WE ARE NOT RESPONSIBLE FOR EVENTS OUTSIDE OUR CONTROL
If our provision of the Services or support for the App or the Services is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take reasonable steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
20. ENTIRE AGREEMENT
You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms or the specification for the App on www.timter.com. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms or in such specification.
21. OUR RIGHT TO SUSPEND/TERMINATE
- 21.1. If you stop paying the subscription fee for the App, we will suspend your rights to use most of the functions of the App and the Services until you pay the amount due, but during any such suspension you may still access your data on the App.
- 21.2. We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
- 22.1. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
- 22.2. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
- 22.3. These terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these terms
- 22.4. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- 22.5. Even if we delay in enforcing these terms, we can still enforce them 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.
- 22.5. These terms, their subject matter and formation (and any non-contractual disputes or claims) are governed by English law. We both irrevocably agree to the exclusive jurisdiction of the courts of England and Wales.