END USER EULA ("EULA") -THE WALK
Date of Last Revision: 4 December 2019
PLEASE READ THIS EULA CAREFULLY BEFORE PURCHASING THE APP. THIS EULA SETS OUT HOW THE APP IS LICENSED TO YOU TO USE.
This app and any accompanying online or electronic documentation ("App") have been produced by and is the property of Six to Start Limited ("Six to Start"). Six To Start and is referred to as "us", "we", and "our" in this EULA. Our registered office is at LSD Accountants, 27 Stockwood Business Park, Redditch, B96 6SX, United Kingdom. We are a company registered in England and Wales, with company number 6289098. Our VAT number is 917143141.
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.
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.
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.
THE EULA LIMITS SIX TO START'S LIABILITY AS IS SET OUT IN SECTION 16 (DISCLAIMER AND LIMITATION OF LIABILITY) BELOW.
IF YOU ARE UNDER THE AGE OF 18 YOU MUST GET YOUR PARENT OR GUARDIANS 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.
YOUR USE OF THE APP REQUIRES YOU TO HAVE AN APPLE ITUNES ACCOUNT. YOUR ACCESS TO THE APP WILL BE LINKED TO YOUR APPLE ACCOUNT AND YOU ARE REQUIRED TO COMPLY WITH THE APPLE POLICIES TO USE THE APP, INCLUDING FOR ANY IN APP PAYMENTS.
YOUR HEALTH & SAFETY
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.
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.
APP DEVELOPER TERMS
The following terms of this clause 4 are the terms which we are required by Apple to notify you of and obtain your consent in respect of using the App:
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
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
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.
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
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.
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
You acknowledge and agree that Apple are third party's 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:
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.
YOUR USE OF THE APP
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.
OWNERSHIP OF THE APP
All intellectual property in the App (except for User Generated Content) is owned by us and/or our licensors.
All intellectual property rights 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 ("Content") belongs to us and/or our licensors. All rights reserved.
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 firstname.lastname@example.org with “Notice & Takedown” in the email subject line. In your email you must set out the following information:
- Details of the content you claim is infringed, together which sufficient information for us to identify the content within the App;
- Sufficient contact information (including email and telephone number) for us to contact you to discuss your claim;
- 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.
LINKS TO WEBSITES
USER GENERATED CONTENT
To the extent that the App allows you to upload any text, images, videos or other content and information to our servers ("User Generated Content"), then 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, and you acknowledge that we may make the User Generated Content available to other users of the App.
You confirm that any User Generated Content shall be your own original work and you shall not infringe the intellectual property rights or privacy rights of any third party or defame any person. You agree to compensate us for any loss we may suffer from a third party claim arising from a breach by your of this confirmation.
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.
Where the App displays third party advertising, please note we are not responsible for the choice of the advert as all advertising that managed by Apple.
You may delete cookies and other similar tools from your iOS device by deleting the App. You can also opt out of personalised adverts by visiting https://oo.apple.com on your iOS device.
If you have any questions, complaints or claims with respect to the App, then you may contact us at email@example.com.
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.
INDEMNITY / COMPENSATION
You agree to indemnify (compensate) 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.
TERM AND TERMINATION
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.
The following sections of the EULA shall survive termination of this EULA: Section 12 (Indemnity/compensation), Section 6 (Ownership), Section 16 (Limitation of Liability), Section 13 (Term and Termination), Section 10 (Third Party App), Section 15 (General Provisions), Section 18 (Severance) and Section 19 (Jurisdiction).
SUPPORT AND CONTACTING US
The App is provided “as is”. However if you need any help and support please email firstname.lastname@example.org and we shall endeavour to assist you.
We may contact you using or email address or via the App.
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.
This EULA is personal to you. You may not assign, sub-licence, transfer or dispose of the rights licensed under this agreement.
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.
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.
OUR LIMITATIONS OF LIABILITY
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.
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.
YOU ACKNOWLEDGE THAT RELIANCE ON ANY SUCH INFORMATION SHALL BE AT YOUR SOLE RISK.
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.
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.
NOTHING IN THIS EULA SHALL LIMIT YOUR STATUTORY CONSUMER RIGHTS.
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.
IN THE EVENT THAT APPLE REFUNDS YOU THE PURCHASE PRICE IN ACCORDANCE WITH THE ITUNES TERMS OF SALE, THEN BOTH APPLE 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.
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 will notify you of any changes and you will be required to accept the changes to continue to use the App.
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.
GOVERNING LAW AND JURISDICTION
In the event of any dispute between you and us regarding this EULA and/or your use of the App, then the laws of England and Wales will apply. You agree that in the event we are unable to settle any dispute with you, then any court or arbitration proceedings shall be held in England, UK only.