Terms & Conditions

Our Privacy Policy provides details of who we are, how we process your personal data and for what purposes, your rights in relation to your personal data and how to exercise those rights. Please read the information contained in our Privacy Policy carefully.

The operating system types, operating system requirements, and memory required to use this App would have been displayed on the App Store from where it was downloaded.

Regarding usage of the App, you may:

• Download, stream, view, use and display the App on a single device for your personal purposes only.
• Use any Documentation or tutorials to support your permitted use of the App and the Service.
• Receive and use any supplementary software code or updates of the App as we may provide to you.

You may not transfer the App or the Service to someone else, with or without payment or alternative consideration. You must remove the App from any device prior to the device being transferred to another user.

We will attempt to notify you of any changes to these terms when you start the App. Continued use of the App and Service will require acceptance of any changes to the terms. A copy of the latest version of the terms is available on our website or by contacting us. You should periodically check the latest terms to ensure your acceptance of them — you should not assume that these terms remain unchanged should you not receive a notification via the App.

From time to time, we may automatically update the App or we may ask you to update the App. You may not be able to continue using the App and the Service if you do not update the App.

You must have the owner's permission to download or stream the App. You will be responsible for complying with these terms, whether or not you own the device on which the App is being used.

The App or any Service may contain links to other independent websites or apps which are not provided by us. We are not responsible for such sites or apps, and have not checked or approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such site or app, including whether to buy any products or services offered by them.

The licence to use the App or Service is restricted and you agree that you will:

• Not provide, make available, rent, lease, sub-license, or loan the App or the Services in any form without prior written consent from us.
• Not copy the App, Documentation or Services, except as part of normal use of the App.
• Not adapt, alter, modify, translate, or merge the whole or any part of the App, Documentation or Services.
• Not permit the App or the Services or any part of them to be incorporated in or combined with, any other programs, except as necessary to use the App and the Services as permitted in these terms.
• Not de-compile, reverse engineer, or disassemble works based on the whole or any part of the App or the Services nor attempt to do any such things, unless you have our consent to do so.
• Not use the App, its code, or its design, to create any software that is substantially similar in its expression to the App.
• 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.

You must not:

• Use the App or any Service for any unlawful purpose or in any unlawful manner, or act maliciously or fraudulently.
• Hack into or insert malicious code or viruses into the App, any Service or any operating system.
• Infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service.
• Transmit any material that is objectionable, defamatory, or offensive in relation to your use of the App or any Service.
• Use the App or any Service in a way that could disable, damage, impair or compromise our systems or security or interfere with other users.
• Collect or harvest any information or data from any Service or our systems.
• Attempt to decipher any transmissions to or from our systems and servers running any Service.

All intellectual property rights in the App, Service and the Documentation belong to us and the rights in the App and the Service are licensed to you. You have no intellectual property rights in, or to, the App, Service or the Documentation other than the right to use them in accordance with these terms.

If you are a consumer (i.e. someone who does not use the App in relation to their trade or business):

• If we fail to comply with these terms, we are responsible for the loss or damage you suffer that is a foreseeable result of us breaking these terms or failing to use reasonable care and skill.
• We are not responsible for any loss or damage that is not foreseeable.
• We are not responsible for any loss or damage you suffer in respect of third-party apps, services, software or websites.
• We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
• If defective digital content that we have supplied damages a device belonging to you, we will either repair the damage or pay you compensation — unless you could have avoided the damage by following our advice, following reasonable security precautions on your device, or correctly following installation instructions.

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 sales or business, loss of anticipated savings or increase in costs, loss or corruption of data, business interruption, loss of business opportunity or indirect or consequential loss or damage.

Any tools or calculators provided within the app are provided for general information only — you should not rely on them and should always use your independent judgement in ascertaining whether the results of any calculations or tools provided are correct.

We will not be liable for any loss or damage to property or devices belonging to yourself, your customers or any third-party you directly deal with. Our maximum aggregate liability under or in connection with the App or Service shall not exceed £5,000.

The App and the Service are provided for general information and facilitation purposes only. The App and Service do not offer advice on which you should rely. You must obtain professional advice before taking or not taking any action on the basis of information obtained from the App or the Service. We make no representations, guarantees or warranties, whether express or implied, that any information is accurate or complete.

Please back up content and data on your device periodically if you are using the App. We will not be held responsible for loss of data on any device due to the installation or use of the App.

If our provision of the App or the Service is delayed by an event outside our control then we will attempt to contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will have no other liability whatsoever for any such delay. If you are unable to make use of the App or Service, including due to issues connecting to our systems or servers, we will not be liable for any loss or damage whatsoever.

We may end your rights to use the App or Service if: we impose a fee to make use of the App or Service and you do not make payment; you breach the terms and conditions of another Service provided by us; you breach these terms; or we determine your usage of the App or Service is against their acceptable use.

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 any Service; remove the App from all devices in your possession; and immediately destroy all copies of the App which you have. We may remotely disable the use of the App and any Service.

We may transfer our rights and obligations under these terms to another organisation, and we will ensure that any such transfer will not affect your rights under this agreement. You may only transfer your rights or your obligations under these terms to another person or entity if we agree in writing.

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.

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. If we delay in enforcing this contract, we can still enforce it later.

These terms are governed by English law and you can bring legal proceedings in respect of the App in the English courts.

2.1 You are given a non-transferable, non-exclusive, non-sublicensable licence to install and use the Licensed Application on any Devices that you own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.

2.2 This licence will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate licence is provided for such update, in which case the terms of that new licence will govern.

2.3 You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with Xplug Limited's prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.

2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with Xplug Limited's prior written consent).

2.5 You may not copy (excluding when expressly authorised by this licence and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that you own or control for backup keeping under the terms of this licence and the Usage Rules. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.

2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

2.7 Licensor reserves the right to modify the terms and conditions of licensing.

2.8 Nothing in this licence should be interpreted to restrict third-party terms. When using the Licensed Application, you must ensure that you comply with applicable third-party terms and conditions.

3.1 Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.

3.2 You acknowledge that it is your responsibility to confirm and determine that the app end-user device on which you intend to use the Licensed Application satisfies the technical specifications.

3.3 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

4.1 Xplug Limited is not obligated, expressed or implied, to provide any maintenance, technical or other support for the Licensed Application.

4.2 Xplug Limited and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

You acknowledge that Licensor will be able to access and adjust your downloaded Licensed Application content and your personal information, and that Licensor's use of such material and information is subject to your legal agreements with Licensor and Licensor's privacy policy, which can be accessed when installing the application for the first time.

You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, and application software, and peripherals to offer product support, facilitate software updates, and for purposes of providing other services to you related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.

The Licensed Application may invite you to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials ('Contributions'). Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications. When you create or make available any Contributions, you represent and warrant that your Contributions:

1. Do not infringe the proprietary rights of any third party.
2. Are original to you or you have the necessary licences, rights, consents, releases, and permissions to use them.
3. Have the written consent of each and every identifiable individual person included in your Contributions.
4. Are not false, inaccurate, or misleading.
5. Are not unsolicited or unauthorised advertising, spam, or other forms of solicitation.
6. Are not obscene, violent, harassing, libellous, slanderous, or otherwise objectionable.
7. Do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Are not used to harass or threaten any other person or to promote violence.
9. Do not violate any applicable law, regulation, or rule.
10. Do not violate the privacy or publicity rights of any third party.
11. Do not violate any applicable law concerning child pornography or intended to protect the health or well-being of minors.
12. Do not include any offensive comments connected to race, national origin, gender, sexual preference, or physical handicap.
13. Do not otherwise violate, or link to material that violates, any provision of this Licence Agreement or any applicable law.

By posting your Contributions to any part of the Licensed Application, you automatically grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and licence to host, use, copy, reproduce, disclose, sell, publish, broadcast, archive, store, publicly display, reformat, translate, transmit, excerpt, and distribute such Contributions for any purpose, commercial, advertising, or otherwise.

We do not assert any ownership over your Contributions — you retain full ownership of all of your Contributions and any associated intellectual property rights. We have the right, in our sole and absolute discretion, to edit, redact, recategorise, pre-screen, or delete any Contributions at any time and for any reason, without notice.

8.1 Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.

8.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to section 2 of this Licence Agreement. To avoid data loss, you are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, you will not have access to the Licensed Application.

9.1 Licensor warrants that the Licensed Application is free of spyware, Trojan horses, viruses, or any other malware at the time of your download. Licensor warrants that the Licensed Application works as described in the user documentation.

9.2 No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorisedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by yourself or by third parties, or if there are any other reasons outside of Xplug Limited's sphere of influence that affect the executability of the Licensed Application.

9.3 You are required to inspect the Licensed Application immediately after installing it and notify Xplug Limited about issues discovered without delay by email at support@xplug.co.uk. The defect report will be taken into consideration and further investigated if it has been emailed within a period of seven (7) days after discovery.

9.4 If we confirm that the Licensed Application is defective, Xplug Limited reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.

9.5 In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify the Services Store Operator, and your Licensed Application purchase price will be refunded to you. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application.

9.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.

Xplug Limited and the End-User acknowledge that Xplug Limited, and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User's possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

You represent and warrant that you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a 'terrorist supporting' country; and that you are not listed on any US Government list of prohibited or restricted parties.

For general enquiries, complaints, questions or claims concerning the Licensed Application, please contact:

Xplug Limited — Customer Support
Unit 1F Waterfall Mill
Blackburn BB2 2QG
United Kingdom
support@xplug.co.uk

The licence is valid until terminated by Xplug Limited or by you. Your rights under this licence will terminate automatically and without notice from Xplug Limited if you fail to adhere to any term(s) of this licence. Upon licence termination, you shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

Xplug Limited represents and warrants that Xplug Limited will comply with applicable third-party terms of agreement when using the Licensed Application.

Both Apple and Google and their subsidiaries shall be third-party beneficiaries of this End User Licence Agreement and — upon your acceptance of the terms and conditions of this Licence Agreement — both Apple and Google will have the right to enforce this End User Licence Agreement against you as a third-party beneficiary thereof.

Xplug Limited and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes on the third party's intellectual property rights, Xplug Limited, and not the Services, will be solely responsible for the investigation, defence, settlement, and discharge of any such intellectual property infringement claims.

This Licence Agreement is governed by the laws of England and Wales, excluding its conflicts of law rules.

17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

17.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.