Any reference to “you” or “your” in these Terms includes yourself and any person that accesses or uses the Services on your behalf, whether as a guest or a registered user.
We want you to be aware of yours and our rights before you use the Services, so please take some time to read these terms (in particular, our Acceptable Use restrictions) before signing up and using the Services. It’s important to do this as once you accept these terms and create an account with us, you will be legally bound by these terms. By using our Services, you confirm that you accept these Terms and agree to comply with them. Your agreement to comply with and be bound by these Terms is deemed to occur upon your first use of our Services and you will be required to read and accept these terms when signing up for an account. If you do not agree to these Terms, you must not use our Services.
By clicking “Accept” on the registration page, you are agreeing to these terms, which will bind you. If you do not agree to these terms, click “Reject”.
Please note that in order to create an account you must be:
- at least 13 years old
- legally permitted to use the Services legally in your country
- willing to give us access to your biometric data
You can direct any questions about these terms to firstname.lastname@example.org.
WHO WE ARE AND WHAT THIS AGREEMENT DOES
Our Services are owned and operated by the Company, which is registered in England and Wales under company number 10785061 and has its registered office at Low Grounds Farm, Harleyford Lane, Marlow, England, SL7 2DU. The Company’s main trading address is The Office Group, 12 Melcombe Place, Marylebone, London, NW1 6JJ. We develop a private messaging platform for mobile and desktop use. This agreement licenses you to use the Services and App.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
You agree that we have the unilateral right to delete all messages to which you are a party from the server after the 14th day from the transmission of the original message. Your messages will remain encrypted at the point of deletion and we do not need any access to its contents in order to delete these. We cannot be held responsible for loss of any data beyond this period.
We may collect technical data about your device:
By using the App and 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 the Services to you.
THE APP STORE TERMS ALSO APPLY
The ways in which you can use the Services are also controlled by the rules and policies of Apple App Store https://www.apple.com/legal/internet-services/itunes/uk/terms.html and Google Play Store https://play.google.com/intl/en-us_us/about/play-terms.html (each an “App Store Provider”). The App Store Provider’s rules and policies will apply additionally and instead of the relevant provisions of these Terms where there are differences between the two, so please carefully review the relevant App Store Provider’s terms to fully understand the terms governing your use of this App.
However, please note that these Terms are concluded solely between you and Alternative Ideas Limited , and we, not the App Store Providers, are solely responsible for the App and its contents (subject to the terms in the section below titled “We are not responsible for user-generated content or other website/apps you link to”).
OPERATING SYSTEM REQUIREMENTS
The App requires a premium smartphone, desktop or thin client device with recent processors and an integrated camera to operate properly. The App has the following minimum requirements:
- Minimum device memory required: 16GB
- Version of operating system:
- iOS 11 and above (iPhone 5SE and above.)
- Mac OS High Sierra and above.
- Android Version 7 and above.
- Windows operating system 10 and above.
Subscriptions are for one month or one year following the trial period. Payment for subscriptions are charged to your iTunes account at confirmation of purchase. Subscribers have full access to the YEO messaging platform and all its features and updates throughout the subscription term. Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period and your Account will be charged for renewal within 24-hours prior to the end of the current period at the current subscription price. Subscriptions can be terminated but users will be liable for payment to the end of the subscribed period. Auto renewal may be turned off by going to the users account settings.
ACCESSING THE SERVICES
Certain functions of the Services, will require an active internet connection. The connection can be Wi-Fi, or provided by a mobile network provider, but Alternative Ideas Limited cannot take responsibility for the Services not working at full functionality if you do not have access to an active internet connection. In using the Services, you accept responsibility for any charges incurred for the cost of data for the duration of the connection while accessing the Services, or other third party charges, including roaming data charges. If you are not the bill payer for the device on which you’re accessing the Services, please be aware that we assume that you have received permission from the bill payer for using the Services.
If someone else owns the phone or device you are using:
If you download the App onto any 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 device.
SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
If you want to learn more about the Services or have any problems using them please take a look at our support resources at www.youreyeonly.com/faq.
Contacting us (including with complaints)
If you think the Services are faulty or misdescribed or wish to contact us for any other reason, please email our customer service team at email@example.com.
Please note that the App Store Providers will not be responsible for providing any maintenance and support services in relation to the App.
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:
- download a copy of the App onto up to five Apple devices or five Android devices and view, use and display the App on such devices for your personal purposes only. Please note you either download for apple or for android – not both.
- use any documentation to support your permitted use of the Services.
- provided you comply with the license restrictions, make up to two copies of the App and related online and electronic software documentation for back-up purposes; and
- 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.
You may draw the attention of others within your organisation to content posted on our Services.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Services must always be acknowledged.
You must not use any part of the content on our Services for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our Services in breach of these Terms, your right to use our Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You agree that you will not use our intellectual property rights in any way other than allowed under these Terms and any infringement by you thereof will be a material breach of these Terms.
You must be 13 or over to accept these Terms and buy the App.
You may not transfer your licence to use the App to someone else.
We are giving you the personal right to use the App and the Services as set out above. Whilst you may have family sharing rights as set out above, you may not otherwise transfer the App or your user account for using 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.
CHANGES TO THESE TERMS
We may need to change these terms to reflect changes in law/industry best practice or to deal with additional features which we introduce to the App or Site.
We will give you at least 30 days’ notice of any change with the relevant details, by sending you an email to the email address you have registered your account with or notifying you of a change when you next start the App.
If you do not accept the notified changes you will not be permitted to continue using the App.
Your use of the App will always be governed by the latest version of these terms which are in force from time to time, which can be viewed on www.youreyeonly.com or within the settings section of the App menu.
UPDATES TO THE APP AND THE SERVICES
The App is currently available for both Android and iOS. From time to time we may automatically update the App and features of the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. You will need to download any necessary updates if you want to keep using the App. We do not promise to always update the App so that it is relevant to you and/or works with the iOS/ Android version that you have installed on your device.
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.
All updates to the App will form part of the YEO App and be subject to the terms of this license.
LINKS TO THIRD-PARTY CONTENT
We are not responsible for user-generated content or other websites/apps you link to.
The App and Services provides a private messaging service to enable users to transfer their own content to each other. We will not be responsible for any liability arising from user-generated content transmitted through the App, including but not limited to errors contained within the content, libel, breach of confidentiality or privacy rights or infringement of intellectual property rights.
Additionally, we do not endorse the contents of, views expressed in or intended use of any materials that may be transmitted through the App and the Services. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App and the Services.
The App may contain links to other independent websites and apps (including to our App Store Providers) which are not provided by us. Such independent sites and apps 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).
Any content made available on the Services (including links to other sites, apps and resources provided by third parties) are for information only, and we shall not be liable for any use of, or reliance on, such materials. It shall be your own responsibility to ensure that any products, services or information available through the Services meet your specific requirements.
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.
You agree that where you have uploaded content for transmission via the App and Services, you grant us a non-exclusive, royalty-free, worldwide and irrevocable license for us to store such content in an encrypted format on our servers for up to 14 days, and to enable transmission of the messages and content only to recipients that you address until such time that you recall, delete or remove such content. You agree that you have no right to reproduce, photograph (including screenshot photography), store, forward or embellish upon any message or attachment sent by another user at any time.
We operate a zero-tolerance policy for this kind of behavior and we reserve the right to withdraw your account without subscription refund if reported or if you receive more than three screenshot attempt warnings.
You agree that you will:
- except in the course of permitted sharing (see “How you may use the App”), 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;
- 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;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, related online or electronic software documentation or Services or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Service on devices as permitted in these terms;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or 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:
- 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
- is not used to create any software that is substantially similar in its expression to the App;
- is kept secure; and
- is used only for the Permitted Objective;
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or the Services.
You may be liable to us or our third-party licensors if you use the materials of the App or Services in any way other than in accordance with this license.
ACCEPTABLE USE RESTRICTIONS
You must not:
- use the App or Services in order to commission, enable or otherwise perform any subversive, illegal or discriminatory activity for any unlawful purpose;
- act fraudulently, maliciously or in any manner inconsistent with these terms, for example, by hacking into or inserting malicious code (such as viruses, or harmful data) into the App, the Services or any operating system;
- infringe our intellectual property rights or those of any third party in relation to your use of the App or Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
- transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Services;
- use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
- copy, screenshot or attempt to copy or screenshot any user-generated content transmitted to you from another user through the Services; and
- collect or harvest any information or data from the Services or our systems or attempt to decipher any transmissions to or from the servers running the Services.
We don’t tolerate bad behavior on the YEO App. You can report any abuse or, complaints or breaches of these restrictions by contacting us, outlining the abuse and/or complaint to firstname.lastname@example.org.
Breach of these restrictions may end with a warning applied to your account or termination of your right to continue using the App. See further details in “We may end your right to use the App if you break these terms” below.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the Services, the App and the Site (and all material published on them) throughout the world belong to us (or our licensors). Those works are protected by copyright laws and treaties around the world. YEO is a registered trademark. All such rights are reserved and, except where permitted in this agreement, you may not reproduce, copy, distribute, sell, sub-licence, store, or in any other manner re-use content from our Services unless given express written permission to do so by us.
These rights are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, Site or the Services other than the right to use them in accordance with these terms. You agree not to (and agree that you will not procure a third party to) use, adapt, reproduce, or commercially exploit or create derivative works in any other medium or form of any material of the App.
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. 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.
Otherwise, we will not be liable for any damages resulting from the use or inability to use the App or the information contained in the App, whether based on warranty, contract tort (including negligence) or any other basis in law, to the fullest extent permitted under law.
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 directly to you through the App 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. 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.
Check that the App is 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 (as described on the relevant App Store Provider’s website and in the Documentation) meet your requirements.
We are not responsible for events outside our control. If our provision of the Services or support services for the App are delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for the Services and any support services you have paid for but not received.
Our responsibility for claims. If you believe the App has failed to conform to any warranties under law (noting the restrictions set out above), you can contact the relevant App Store Provider for a refund of the purchase price. The App Store Provider will have no other liability or remedy obligations to you in respect of such warranties.
In the event of any claim that:
- the App gives rise to certain liabilities to you;
- the App fails to confirm to any applicable legal or regulatory requirements, including under consumer protection or privacy legislation; or
- your use and possession of the App infringes a third party’s intellectual property right.
Alternative Ideas Limited, and not the App Store Providers, will be solely responsible for the investigation, defense, settlement and discharge of any such claims.
WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these terms to another organization. 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.
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.
We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Services. You should use your own virus protection software.
You must not misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Services, the server on which our Services is stored or any server, computer or database connected to our Services. You must not attack our Services via a denial-of-service attack or a distributed denial-of service attack. A breach of this provision is a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
You may terminate your account with us or delete the App at any time by clicking on ‘Delete Profile’ in My profile on the app. Terminating your account will not affect the availability of some of your content and any outstanding payments owed to us will still be payable.
We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it is important to understand that you don’t have a contractual legal right to continue to use our Services. We may refuse access to anyone at any time for any reason. Your rights to use the App and the Services, and the terms of this license, are automatically terminated if you fail to make the necessary subscription payments.
We may also end your rights to use the App if you break any of these terms in a serious way, particularly the Acceptable Use Restrictions set out above. In these instances, you could end up with a warning being applied against your account, cancellation of your subscription without compensation, termination of your user account and blockage from further access to or usage of the App at any time.
If you or we terminate your account, you may lose any information associated with your account, including any content created by you. You will be notified through the App when your rights to use the App and the Services have been terminated. Once this occurs:
- You must stop all activities authorized by these terms, including your use of the App and the Services, and any distribution of the App.
- You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App.
- You will no longer be entitled to receive updates or support services in respect of the App and the Services.
- You will not be compensated for any loss of Services arising from loss of further use of the App.
We reserve the right to change, suspend or discontinue any of the Services at anytime, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
The Terms will remain in effect even after your access to the Services is terminated or your use of the Services ends.
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, with the exception of Apple Inc (“Apple”) and Apple’s subsidiaries, who will be entitled to enforce these Terms.
You acknowledge and agree that that Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
You are responsible for complying with all relevant import and export laws, rules and regulations affecting the App or any portion of it including, without limitation, those applied by the United Kingdom or the jurisdiction in which the App is obtained. Regardless of any disclosure made by us of the destination of the App, you will not export or re-export, directly or indirectly, the App without first obtaining all written consents or authorizations which may be required by any such laws, rules or regulations.
You represent and warrant 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.
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.
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.
INDEMNIFICATION (OR WHAT HAPPENS IF YOU GET US SUED)
You agree to indemnify us from any legal claim or demand that arises from your actions, your use (or misuse) of the Services, your breach of the Terms or your account’s infringement of someone else’s rights.
These Terms, including all of the other documents that make up the Terms, supersede any other agreement between you and us regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms.