End-User License Agreement

BLUBEL END-USER LICENCE AGREEMENT

Last revised 10 April 2017

PLEASE READ THESE LICENCE TERMS CAREFULLY

WHO WE ARE AND WHAT THIS AGREEMENT DOES

We, Blubel Tech Limited, a private limited company incorporated in England and Wales (“we“) license you to use the Blubel mobile application software (the “App“), the data supplied with the App and any updates or supplements to the App and the associated Blubel device which connects to your smart phone (the “Device“) and the services you connect to via the App and the content we provide to you through it (the “Service“) as permitted in these terms.

YOUR PRIVACY

We only use any personal data we collect through your use of the App and the Service in the ways set out in our privacy policy unless you are using a specific service to which a different privacy policy applies, as set out below.

ADDITIONAL TERMS FOR SPECIFIC SERVICES

In addition to these Terms, our App and Service incorporates the following services. Your use of our Service will also be governed by the following terms of use and privacy policies:

APP STORE TERMS ALSO APPLY

The ways in which you can use the App may also be controlled by the Apple Store’s terms or Google Play’s terms (as applicable) (an “App Store“).

OPERATING SYSTEM REQUIREMENTS

This App may require a specific device with a minimum amount of memory and type of operating system. Please check the requirements on the relevant App page of the relevant App Store.

SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS

Support. If you want to learn more about the App, the Device or the Service or have any problems using them please take a look at our support resources at blubel.co.

Contacting us (including with complaints). If you think the App, the Device or the Service are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at info@blubel.co.

How we will communicate with you. If we have to contact you we will do so either via the App or by email or SMS, using the contact details provided to us either directly when registering or via your integrated Twitter, Facebook or Google profile.

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 your smart phone and view, use and display the App and the Service for your personal purposes only. In addition you may share the App and the Service in accordance with the rules of family sharing set out in the relevant App Store’s terms;
  • provided you comply with the licence restrictions set out below, make copies of the App 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 MUST BE 18 TO ACCEPT THESE TERMS

You must be 18 or over to accept these terms.

YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE

We are giving you personally the right to use the App, the Device and the Service as set out above in the section titled “How you may use the App”. Whilst you may have sharing rights as set out above, you may not otherwise transfer the App, the Device or the Service 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 or best practice or to deal with additional features which we introduce.

We will give you notice of any change by either sending you an email with details of the change 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 to use the App and the Service.

UPDATE TO THE APP AND CHANGES TO THE SERVICE

From time to time we may update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues.

If you choose not to install such updates or if you opt out of automatic updates on your smart phone you may not be able to continue using the App, the Device and the Service.

IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING

If you download 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.

WE ARE NOT RESPONSIBLE FOR OTHER SERVICES OR LINKS

The App, the Device or any Service Site may incorporate third party services or contain links to other independent websites which are not provided by us. Such third party services and independent sites are not under our control, and we are not responsible for and have not checked and approved their services, content or their terms and privacy policies (if any).

LICENCE RESTRICTIONS

You agree that you will:

  • except in the course of permitted sharing as set out above, not rent, lease, sub-license, loan, provide, or otherwise make available, the App, the Device or the Service in any form, in whole or in part to any person without prior written consent from us;
  • not copy the App, the Device or Service, 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 or Service nor permit the App, the Device or the Service or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App, the Device 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, the Device or the Service 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 (the “Permitted Objective”), and provided that the information obtained by you during such activities:
  • 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; 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;

and

  • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App, the Device or the Service.

ACCEPTABLE USE RESTRICTIONS

You must:

  • not use the App, the Device or the 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, the Device, the Service or any operating system;
  • not infringe our intellectual property rights or those of any third party in relation to your use of the App, the Device or the Service (to the extent that such use is not licensed by these terms);
  • not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App, the Device or the Service;
  • not use the App, the Device or the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  • not collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the App, the Device and the Service throughout the world belong to us (or our licensors if applicable) and the rights in the App, the Device and the Service are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Device or the Service other than the right to use them in accordance with these terms.

RESPONSIBILITY

We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

Your responsibility. When you use the App, the Device and Service, you do so at your own risk. You are responsible at all times for your conduct on the road and its consequences. Always observe road conditions and in accordance with traffic laws.

Road information prevails. The information provided by the App, the Device and the Service is not intended to replace any information provided on the road, such as travel direction, time based restrictions, lane restrictions, road blockades, traffic signs, traffic lights, police instructions or any other road safety signs.

We are not liable for business losses. The App, the Device and the Service is for domestic and private use. If you use the App, the Device and the Service 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.

Limitations to the App, the Device and the Service. The App and the Service are provided for general information and entertainment purposes only. 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, the Device or the Service. Although we make reasonable efforts to update the information provided by the App, the Device and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

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.

Check that the App, the Device and the Service are suitable for you. The App, the Device and the Service have not been developed to meet your individual requirements. Please check that the facilities and functions of the App, the Device and the Service (as described at blubel.co) meet your requirements.

We are not responsible for events outside our control. If our provision of the Service or support for the App, the Device or the Service is effected by an event outside our control then we will contact you as soon as practically possible to let you know and we will take steps to minimise the effect however we shall not be liable to you for any loss.

WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICE IF YOU BREAK THESE TERMS

We may end your rights to use the App and Service 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.

If we end your rights to use the App and Service:

  • You must stop all activities authorised by these terms, including your use of the App and the Service.
  • 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.
  • We may remotely access your devices and remove the App from them and cease providing you with access to the Service.

WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE

We may transfer our rights and obligations under these terms to another organisation or entity. 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.

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.

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 remaining paragraphs will remain in full force and effect.

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.

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.