END USER LICENCE AGREEMENT ("EULA") - ZRX ®
Date of Last Revision: 02 August 2023
IMPORTANT NOTICE:
PLEASE READ THIS EULA CAREFULLY BEFORE PURCHASING THE APP. THIS EULA SETS OUT HOW THE APP IS LICENSED TO YOU TO USE.
1. INTRODUCTION
1.1. This app and any accompanying online or electronic documentation ("App") is owned and operated by Six to Start Limited ("Six to Start"), a company registered in England and Wales, with company number 06289098, and whose registered office is at Preston Park House, South Road, Brighton, East Sussex, UK, BN1 6SB. Six To Start and is referred to as "us", "we", and "our" in this EULA.
1.2. THE TERMS AND CONDITIONS BELOW SET OUT THE AGREEMENT BETWEEN YOU ("you") AND US FOR THE PURCHASE, DOWNLOAD, INSTALLATION AND USE OF THE APP SO PLEASE READ THIS CAREFULLY.
1.3. BY DOWNLOADING AND USING THE APP YOU ARE AGREEING TO BE BOUND BY AND BECOME A PARTY TO THIS EULA. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS EULA YOU SHOULD NOT PURCHASE, DOWNLOAD OR USE THE APP.
2. IMPORTANT TERMS
2.1. ALL USE OF THE APP AND DOCUMENTATION IS SOLELY FOR USE BY USERS IN ACCORDANCE WITH THIS EULA. ANY USE, REPRODUCTION OR REDISTRIBUTION OF THE APP NOT IN ACCORDANCE WITH THIS EULA IS EXPRESSLY PROHIBITED.
2.2. THE EULA LIMITS SIX TO START’S LIABILITY AS IS SET OUT IN SECTION 14 (DISCLAIMER AND LIMITATION OF LIABILITY) BELOW.
2.3. IF YOU ARE UNDER THE AGE OF 18 YOU MUST GET YOUR PARENT OR GUARDIAN’S PERMISSION TO DOWNLOAD, INSTALL AND USE THE APP. THIS APP IS NOT MADE AVAILABLE FOR USERS UNDER THE AGE OF 16 AND IF YOU ARE UNDER 16 YEARS OF AGE YOU SHOULD NOT DOWNLOAD OR USE THE APP.
2.4. YOUR USE OF THE APP REQUIRES YOU TO EITHER HAVE AN APPLE ID OR A GOOGLE PLAY ACCOUNT . YOUR ACCESS TO THE APP WILL BE LINKED TO YOUR ACCOUNT AND YOU ARE REQUIRED TO COMPLY WITH THE APPLICABLE ACCOUNT POLICIES TO USE THE APP, INCLUDING FOR ANY IN APP PAYMENTS.
3. YOUR HEALTH & SAFETY
3.1. You are responsible for ensuring that you are of an appropriate fitness level to use the App. The purpose of the App is to encourage running and you should use general common sense in determining whether you are of good physical condition to undertake the exercise promoted by the App. If you are in any doubt, please consult your doctor.
3.2. When using the App, make sure you give due consideration for your environment and do not put yourself at risk of injury or harm. In particular, take care crossing roads and give due attention to fellow runners and pedestrians.
4. APPLE SPECIFIC TERMS
4.1. The following terms of clause 4 apply only to the extent you download the App through the Apple store, and are required by Apple to notify you of and obtain your consent in respect of using the App:
Acknowledgement
4.2. You and we acknowledge that this EULA is concluded between you and us only, and not with Apple Inc, nor any subsidiary or affiliate company of Apple Inc, ("Apple"). You also acknowledge that we are solely responsible for the App and the content thereof.
Grant of Licence
4.3. Subject to your compliance with all conditions of this EULA we grant you a non-exclusive, personal, non-transferable license to use the App on an iOS Product which you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service ( http://www.apple.com/uk/legal/terms/).
Maintenance and support
4.4. We are solely responsible for providing support and maintenance for the App. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Product claims
4.5. You acknowledge that we, and not Apple, are responsible for addressing any claims you may have relating to the App or your possession and/or use of the app, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to confirm to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights
4.6. You acknowledge that in the event of a third party claim that the App or your possession and use of the App infringes that third party's intellectual property rights. Then we shall be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property right infringement claim, and not Apple.
Legal Compliance
4.7. You represent and warrant that (i) 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 (ii) you are not listed on any US Government list of prohibited or restricted parties.
Third Party Beneficiary
4.8. You acknowledge and agree that Apple are third party beneficiaries of this EULA, and that when you accept the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.
Third Party Terms of Agreement:
4.9. We do not use any third party software or applications in our App and therefore this EULA sets out the terms and conditions of using the App.
5. YOUR USE OF THE APP
5.1. As a condition of using the App, then our Privacy Policy and Cookie Policy shall apply. You confirm that you have read the Privacy Policy and Cookie Policy so that you understand how we collect personal and non-personal data including accessing your location. All data that we collect is used to understand and improve your use of the App, and to provide the functionality of the App to you or as otherwise set out in the Privacy Policy.
5.2. By downloading and installing the App, you confirm that you are either over 18 years of age, or if you are 16 years or above that you have obtained your parent or guardian’s consent to download, install and use the App.
6. INTELLECTUAL PROPERTY RIGHTS
6.1. All intellectual property in the App (except for User Generated Content as defined in Section 8 below) is owned by us and/or our licensors.
6.2. "ZRX" is a registered UK trade mark (number UK00003812403) (“Trademark”) belonging to us. All rights are reserved by us in the Trademark.
6.3. All Intellectual Property Rights (as defined in Section 8 below) in the App and content on the App (except for User Generated Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content belongs to us and/or our licensors. All rights reserved.
6.4. If you are a rights owner (or agent acting for a rights owner) and believe that any content made available through the App infringes your intellectual property rights and you wish us to remove it or suspend/disable access to it, please send a notice by email to support@zrx.app with “Notice & Takedown” in the email subject line. In your email you must set out the following information:
(a). Details of the content you claim is infringed, together with sufficient information for us to identify the content within the App;
(b). Sufficient contact information (including email and telephone number) for us to contact you to discuss your claim;
(c). A statement that: you are the rights holder, or duly authorised by the rights holder to act on their behalf; that you believe in good faith that the use of the content complained of is not authorised by you or the rights owner; that the information you supply in your notice is true.
7. LINKS TO WEBSITES
Where we make available links to other websites or apps in the App, such links are provided for your information and convenience only. We are not responsible for the content or performance of the linked website or app, and you are responsible for reviewing the linked website’s or app’s terms of use.
8. USER GENERATED CONTENT
8.1. For the purposes of these EULA:
(a). “Intellectual Property Rights” means patents, registered and unregistered trademarks and service marks, domain names, registered designs and design rights, copyright (including such rights in computer software and databases), database rights and moral rights (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs; and
(b). “User Generated Content” means any text, files, images, photos, videos or works of authorship that you contribute to the App (but shall not include any content, materials or information that you have downloaded, copied or otherwise obtained from the App, which you hereby acknowledge is owned by us or our licensors).
8.2. Where you upload User Generated Content to the App:
(a). You must not submit any confidential, defamatory, offensive, infringing, obscene, indecent or otherwise unlawful or objectionable material;
(b). You must not submit any content or material the Intellectual Property Rights in which are owned by any third party;
(c). You must not submit any material which is prohibited by the Data Protection Act 2018 or any other applicable data protection or privacy legislation; and
(d). You may only upload or submit material to the App which either You own or which You have the permission of the owner of that material to submit.
8.3. You warrant that you own the Intellectual Property Rights in the User Generated Content that you upload to the App, or that you are otherwise entitled to submit the same to the App.
8.4. You agree to indemnify us for any loss, liability, claim, damage or expense incurred by us arising out of any breach by you of this Section 8.
8.5. You hereby grant us a royalty free, irrevocable, perpetual, worldwide and sublicenseable, and transferable right to copy, adapt, modify and use the User Generated Content as part of the App generally or as part of any materials used to provide or advertise the App. You acknowledge that we may make the User Generated Content available to other users of the App. You are free to use Your User Generated content outside of the App in any way You choose.
8.6. We will not be under any obligation whatsoever to pay You for any of the User Generated Content on the App.
8.7. To the extent that the App allows you to message or communicate with other App users, then you must take care in the type of information you wish to share. For example, you should only share personal information or your contact details with people you trust. You must not send any abusive or offensive material, or any other material which is generally objective. We do not monitor any communications that you may send from the App.
9. DATA PROTECTION AND PRIVACY
We will only use any personal information that we may collect about You in accordance with our Privacy Policy. The Privacy Policy forms an essential part of this EULA and it is important that You read it. By accepting this EULA You also accept and consent to our Privacy Policy.
10. SYSTEM REQUIREMENTS
This App has been developed to work on the latest version of the iOS software at the time of its release. Apple may from time to time update the iOS software, and we will endeavour, but not obligated, to update the App if applicable to ensure that its functionality and performance continues with any updated iOS release. It is your obligation to ensure that you are using the latest public release of the iOS software.
11. INDEMNITY
You agree to indemnify us and keep us indemnified from and against all claims, damages, expenses, costs and liabilities (including legal fees) relating to or arising from your use of the App or arising from any breach or suspected breach of this EULA by you or your violation of any law or the rights of any third party.
12. TERM AND TERMINATION
12.1. This EULA takes effect upon your download, installation and/or use of the App and remains effective until terminated by either of us. You may terminate this EULA at any time by removing the App from your iOS device on which you have installed it. The EULA shall automatically terminate if you fail to comply with any term or condition of this EULA. Upon termination you shall cease all use of the App and delete all copies of the App.
12.2. The following sections of the EULA shall survive termination of this EULA: Section 6 (Intellectual Property Rights), Section 10 (Data Protection and Privacy), Section 12 (Indemnity), Section 14 (Our Limitation of Liability and Disclaimer), Section 13 (Term and Termination), Section 10 (Third Party App), Section 15 (General Provisions), Section 17 (Severance) and Section 1 (Jurisdiction).
13. OUR LIMITATIONS OF LIABILITY AND DISCLAIMER
13.1. THE APP IS PROVIDED ‘AS IS’ AND ON AN "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION, ENDORSEMENT OR WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND/OR ACCURACY
13.2. WE DO NOT GUARANTEE THAT THE APP WILL BE (I) FREE OF ERRORS, VIRUSES OR BUGS OR OTHER DEFECTS; OR (II) THAT THE APP OR ANY INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE APP OR IN THE DOCUMENTATION WILL BE ACCURATE OR COMPLETE; OR (III) THAT ANY DEFECTS IN THE APP OR DOCUMENTATION WILL BE CORRECTED.
13.3. YOU ACKNOWLEDGE THAT RELIANCE ON ANY SUCH INFORMATION SHALL BE AT YOUR SOLE RISK.
13.4. NOTHING IN THIS EULA SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR FRAUDULENT MISREPRESENTATIONS OR FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR THE NEGLIGENCE BY US, OUR EMPLOYEES OR AGENTS.
13.5. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING IN YOUR LOCAL JURISDICTION, WE EXCLUDE ALL OTHER LIABILITY FOR ANY LOSS OR DAMAGE, INCLUDING ANY LIABILITY OR DAMAGE TO ANY DEVICE OR COMPUTER SYSTEM.
13.6. NOTHING IN THIS EULA SHALL LIMIT YOUR STATUTORY CONSUMER RIGHTS.
13.7. OUR ENTIRE LIABILITY TO YOU, AND TO THE EXTENT WE CAN NOT EXCLUDE IT, WHERE PERMISSIBLE BY LAW, SHALL BE LIMITED TO THE PURCHASE PRICE OF THE APP.
13.8. IN THE EVENT THAT EITHER THE APPLE STORE OR GOOGLE PLAY REFUNDS YOU THE PURCHASE PRICE IN ACCORDANCE WITH THEIR RESPECTIVE TERMS OF SALE, APPLE OR GOOGLE PLAY (AS APPLICABLE) AND WE WILL HAVE NO FURTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APP, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM WITH THE FOREGOING WARRANTY. AS A CONDITION OF THE REFUND, YOU ARE REQUIRED TO DELETE THE APP.
14. SUPPORT AND CONTACTING US
14.1. The App is provided “as is”. However, if you need any help and support please email support@zrx.app and we shall endeavour to assist you.
14.2. We may contact you using your email address or via the App.
15. GENERAL PROVISIONS
15.1. This EULA set out the complete understanding and agreement between us and you and may only be amended or waived in writing by us. No waiver by us of any failure by you to comply with or perform a provision of EULA shall be deemed to be a waiver of any preceding or succeeding failure. In the event that any of the provisions of this EULA are held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
15.2. This EULA is personal to you. You may not assign, sub-licence, transfer or dispose of the rights licensed under this agreement.
15.3. You may only use the App for your personal, private and non-commercial use. You may not reproduce, distribute, publicly display or perform, translate, modify, adapt, creative derivative works from, deconstruct, reverse engineer, decompile or disassemble in any manner the App, or any part of it, including but not limited to any character, graphic, associated software or proprietary communications protocol used by the software of any utilities, applications, emulators or tools derived therefrom.
15.4. You agree not to access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the App’s security measures, or transfer files that contain viruses, Trojans or other harmful programs.
16. CHANGES TO THE EULA
We may change this EULA for any legal, regulatory or security reasons, or for any compliance with any changes that may be required by Apple. We may from time to time vary this EULA. Please check the EULA regularly to ensure You are aware of any variations or amendments made by us. Your use of the App will be subject to the version of the EULA posted on the App at the time of such use.
17. SEVERANCE
If any provision of this EULA is found by a court or regulator to be invalid or unenforceable the other provisions shall continue to apply.
18. GOVERNING LAW AND JURISDICTION
This EULA and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with English law and the parties irrevocably agree to submit to the exclusive jurisdiction of the English courts.