Mind Ease

Mind Ease Labs Ltd
Mind Ease Anxiety App & Service
Terms and Conditions of Use

Please click here to see our privacy policy which is also part of the terms.

Important notice to all users.

Please read this document as it has legal implications for you.

1. Important Definitions

The following important definitions are used in this document and the other documents which together comprise the terms and conditions under which you are allowed to use the Mind Ease App and Service:

2. About this Document

This document together with:

• our privacy policy; and
• the terms and conditions (if any) relating to a specific element of the Service found at:
  www.gimbeltech.com/documents/terms_of_service.html

contains the terms and conditions which you are deemed to have read, understood, and agreed with before you use the Service.

This document plus the sources specified in clause 2 (A) (i) – (ii) above (as may be amended or supplemented from time to time) together are the “Terms”. You will be legally bound by them if we (at our sole discretion) enter into a legally binding agreement with you by opening an Account for you.

3. Why You Should Read the Terms

Please read the Terms carefully before you accept them. The Terms tell you who we are, how we will provide the Service to you, how you and we may change or end any Contract between us for your use of the Service, what to do if there is a problem and other important information. If you think that there is a mistake in the Terms (or they require any changes for any reason), please contact us to discuss.

4. When You are Considered to Have Accepted the Terms

• You will be considered to have accepted the Terms (whether or not you have in fact read them):
• if you tick the box on the App screen stating "I agree to the Mind Ease Terms of Use and Privacy Policy”; or
• if you otherwise use, download, stream, copy or otherwise access our App and/or any part of the Service, whether on your device or somebody else’s.
• The Terms cover all Paid and free-to-use versions of the Service.
• Your agreement to the Terms will not constitute a binding Contract between us until and unless we (at our sole discretion) accept you as a registered user by opening or renewing an Account for you and (if you are subscribing to the Paid Service) we have received full payment in cleared funds.
• Our opening or renewing an Account for you is our acceptance of your request to enter into a legally binding contract with us and thus constitutes the formation of a Contract.

5. What to do if You do not Accept the Terms Now or Upon any Future Amendment of Them

• If any of the Terms are unacceptable to you, or in the event that any future changes are unacceptable to you, do not use or where appropriate, cease to use, the Service.
• Please contact us to discuss why you do not accept the Terms.
• Please be aware that even if you deny that the Terms apply, your use of the Service (or your continued use following the posting of any changes to the Terms) will override any denial and constitute acceptance by you of the Terms and any such future changes as each occurs.

6. Your Terms and Conditions (if Any)

• We do not accept any terms and conditions proposed by you unless expressly and specifically agreed in writing by us.
• In the unlikely event that any terms and conditions proposed by you are deemed to have legal effect then, to the extent that they contradict or may contradict anything in the Terms, then the Terms shall have priority.

7. You Must Have the Capacity to Enter into the Contract

• By your request to open an Account with us, you have represented to us that you have the legal authority to enter into a legally binding agreement and to be bound by the Terms under it. If you are acting on behalf of a company or other legal entity, you represent that you have the authority to bind that company or entity and that you are seeking to open an Account on their behalf.
• The Service is designed for adult use. If you are under 16 years of age please do not subscribe to the Service without the prior permission of your parent or guardian.

8. Who We Are

We are Mind Ease Labs Ltd, a company registered in England. Our company registration number is 12352065 and our registered office is at Third Floor South, One Jubilee Street, Brighton, East Sussex, BN1 1GE. Our registered VAT number is GB354545195.

9. How to Contact Us

You can contact us by writing to us at hello@mindease.io

10. How We May Contact You

If we have to contact you we will do so via the email address you provided to us in your Account opening request.

11. If We Cannot Accept Your Request to Open an Account

• The Account opening process is automated and thus not scrutinised. We therefore must reserve the right up to one week after your opening an Account with us to reject your application and cancel your Account at our sole discretion and without giving a reason.
• If we are unable to accept your request to open an Account then, system functionality permitting, we will inform you of this by online response or by email, and shall not charge you or, where appropriate, reimburse you if you have subscribed to the Paid Service.
• We shall refund any payment of cleared funds received if we do not open an Account for you. However, we reserve the right to set-off any sum received from you against any other sums then owing to us by you.
• We may not accept your request to register an Account under this clause 11 because of technical difficulties, because of unexpected limits on our resources, because of a payment problem, a concern regarding identity, because of previous difficulties with an Account you have held with us, because some of the Service is unavailable where you live; or for some other lawful reason that we think makes it inappropriate to open or continue your Account with us.

12. Your Account Registration Reference

• We will treat your email address as a registration reference upon opening your Account when we register you as a user. It will help us if you can tell us your registered email address if you ever contact us.
• You may only have one Account with us at any time.
• We will not issue invoices for our Paid Service directly. You may receive invoices from the payment service (such as Google Pay or Apple Pay).

13. Service Functionality and Content

• Both the App and the Service are undergoing continual development and enhancement. Further, Content is constantly being added, amended, supplemented and modified. Accordingly, both the App and the Service may vary slightly from their descriptions. In particular, the Content as described can only ever be for illustrative purposes.
• The Paid Service provides more functionality and/or Content than the free to use Service.

14. Our Right to Make Changes

• We reserve the right to make changes to both the App and Service at any time and from time to time without prior notice:
• as both the App and the Service are undergoing continuing development and enhancement we expect both to change to reflect the same;
• as we operate in more than one country, we may need to change from time to time to reflect changes in relevant laws and regulatory requirements; and
• to implement technical adjustments and improvements, for example to address a security threat.
• In addition to clause 14(A) we may make changes to the Terms at any time and from time to time at our sole discretion without prior notice.
• If we make changes that adversely affect the functionality of a Paid Service then we may at our discretion refund you pro rata in respect of the remaining Contractual period for the loss of such Service. For the avoidance of doubt, no refund is payable in respect of any free to use Service.

15. Fees

• We currently offer the Service via a free model and a Paid model. We reserve the right to cancel or otherwise alter either or both models at any time without notice (save that those who have subscribed to the Paid Service will continue to enjoy the Service until the end of their then current subscription period or be refunded for any period remaining after cancellation).
• We also reserve the right to amend what is offered within the Service constituting the free and Paid models at any time without notice.
• We reserve the right at any time to amend the subscription fee payable for the Paid Service and to introduce a fee for the currently free to use Service (save that those who have subscribed to the Paid Service will continue to enjoy the Paid Service until the end of the then current subscription period or be refunded for any period remaining after cancellation).
• Unless expressly stated otherwise, prices quoted are inclusive of UK value added tax.

16. Distinction Between Free and Paid Service

• The paid for Service offers enhanced Content and/or additional functionality from time to time.
• Any Account subscribing to the free Service which remains inactive for more than six months may be closed by us at our sole discretion.

17. When We Will Provide the Service

• We will make the Service available for download or streaming (or otherwise as we at our sole discretion consider appropriate) by you as soon as we accept your application for registration and we open an Account for you and, in respect of subscription to a Paid Service, when full payment in cleared funds has been received by us.
• Our free Service is offered on a day to day basis until cancelled by either you or us. Prior notice of cancellation of the free Service does not have to be given by either of us. For the avoidance of doubt, there is no refund or other compensation payable by us in respect of the cancellation or termination of the free Service.
• Our Paid Service:
• Is offered for either on a monthly and annual subscription basis. You choose which at the point of payment.
• Will only be renewed upon both of us agreeing to such renewal and our receipt of your payment in full of the stipulated renewal fee applicable from time to time.
• May be cancelled by us at our sole discretion immediately without prior notice in the event that the fee or any renewal fee is subject to any attempted or actual cancellation, claw back, freeze, retraction or challenge by you or any third party for any reason.
• Unless said to the contrary in other parts of these Terms, we are not responsible or liable for delays to the free Service outside of our control.
• Unless said to the contrary in other parts of these Terms, we are not responsible for delays to the Paid Service outside of our control.
• If our supply of the Paid Service is delayed by an event outside our control then we will take reasonable steps to attempt to minimise the effect of the delay. Provided we do this we will not be liable for delays to the Paid Service caused by the event, but if there is a risk of substantial delay you may contact us to end the Paid Service and receive a refund if appropriate.

18. Your Right to End Your Agreement with Us

• If you have contracted with us to access the free Service, then you can always end your agreement with us by deleting the App and ceasing to use the Service.
• If you have contracted with us to use the Paid Service then your right to end your agreement will depend on what you have subscribed to, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
• if what you have subscribed to is faulty or misdescribed in a manner that misled you into subscribing to the Paid Service when you would not have done so otherwise, then you may have a legal right to end your contract (or to install or access a new version of the App or to get some or all of your money back);
• if you want to end the contract because of something we have done or have told you we are going to do (e.g. change our Terms in a material fashion); or
• In all other cases (if we are not at fault and there is no right to change your mind) then we do not offer any refunds.
• We may in our sole discretion decide to waive these stipulations and grant a refund regardless of circumstance. If you wish to request this, please contact peter@mindease.io with the details of your circumstances.
• If you are ending your Paid Service for a reason set out in (i) to (v) below the contract will end immediately and we will upon application refund you in full for any Paid Service which has not been provided and you may also be entitled to compensation. The reasons are:
• we have told you about an upcoming change to the Service which is material to your enjoyment of it and which change you do not agree to;
• we have told you about an error in the price or description of the Service you have ordered and you do not wish to proceed;
• there is a risk that supply of the Service may be significantly delayed because of events outside our control;
• we have suspended supply of the Service for technical reasons, or notified you that we are going to suspend them for technical reasons, in each case for a period of more than two weeks; or
• you have a legal right to end the contract because of something we have done wrong.

19. Use of the Service by You and Your Reliance on Them

• We provide the Service for educational, entertainment, research, business and promotional purposes only. You may not rely on any information or opinions expressed in the Service for any other purpose, including but not limited to mental well-being or other health or diagnostic purposes. The Service is not provided as healthcare. It is primarily educational in intent and you should always consult a physician in the event that you feel you may have any medical condition, whether mental or physical. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Content.
• We are proud of the Service and continually strive to improve it. The Service is designed to be of benefit to most people, most of the time. However we cannot guarantee that it will be beneficial to everyone, all of the time. We wish we could, but people and circumstances are much too varied to allow us to make any such claim: we hope it works for you.
• The Service may contain links to other websites or to services maintained by third parties. We do not operate or control or regularly monitor, in any respect, or endorse the content found on third-party websites or services. You assume sole responsibility for your use of third-party links, websites, products and services.
• You agree that (i) you will use the Service solely for your own personal educational use (but not for healthcare or commercial purposes) and that you will do so in accordance with the Terms; (ii) all information supplied by you to us will be true, accurate, current and complete (this requirement does not include any content you upload as part of your enjoyment of the Service); and (iii) you will review the latest version of the Terms posted from time to time to check for amendments that may apply to you (as more fully described below).
• We retain the right at our sole discretion to deny or suspend access to any or all of the free or Paid Service to anyone, at any time and for any reason, without liability (other than as set out in the Terms).
• You acknowledge and agree that your use of the Service, including, without limitation, the storage of any data, files, information and/or other materials on a server owned or under our control or in any way connected to the Service, shall be at your sole risk and responsibility and we shall have no obligation other than may be set out in our Privacy Policy to back-up such data, files, information and/or other materials. We expressly reserve the right to limit storage capacity and to remove and/or delete any data, files, and/or other information stored or used in connection with the Service for any reason including, without limitation, if we deem, in our sole discretion, such data to be in violation of the Terms and/or any rule or policy of ours and/or any applicable local, national or international law, treaty or regulation.
• You are solely responsible for any breach of your obligations under the Terms (by you or any other person accessing the Service on a device of yours, or through your Account or where they are acting on your behalf or behest or with your permission) and you are also responsible for all direct and indirect consequences arising (including, without limitation, any loss, damage, costs or expenses which anyone may suffer or incur) from any such breach.
• We cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data, loss or corruption of data, loss of personalised settings, or other interruptions, stoppages or effects on your device or other software on your device and shall not be liable for such failure to foresee or anticipate.
• We do not assume any responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or settings. It is your responsibility to keep such back-ups in such alternative format as you deem necessary.
• By connecting to the Service via a third-party service provider (e.g., Facebook), you give us permission to access and use information, content and/or material you have supplied to that third party provider (to the extent permitted by that provider), and to store your log-in credentials for that provider.
• You are solely responsible for all your interactions with other users of the Service. We reserve the right, but have no obligation, to monitor any (i) disputes between you and any other user of the Service and (ii) any user’s action or inaction.
• You represent, warrant, undertake and agree that you will not:
• use the Service in any unlawful or immoral manner or in a manner that may damage our reputation or the goodwill in our Service, nor for any unlawful or immoral purpose, nor otherwise in any manner inconsistent with the Terms and/or any and all applicable laws, regulations and treaties;
• use the Service for the distribution, housing, processing, propagation, storage, or other handling of, any Content or other material prohibited by the Terms, or any material that may create a reputational risk for us or a risk of any loss or damage to any person or property, or any other material (including, without limitation, links to such material) that we at any time and from time to time deem, in our sole discretion, to be objectionable whether or not such material is unlawful;
• permit or otherwise enable unauthorised users to access and/or use the Service;
• use the Service to export software or data in violation of applicable UK, EU and US laws and regulations;
• sell, copy, duplicate, rebrand, assimilate into other content, rent, lease, loan, distribute, transfer, or sublicense the Service, or otherwise permit any third party to use or have access to the Service for any purpose (except as expressly permitted by us in writing) or in any way or to any extent decompile, reverse engineer, disassemble, modify, create a derivative work of, display in human readable form, attempt to discover any source code, or otherwise use any software that enables or comprises any part of the Service;
• remove from, alter or add to any copyright, trademark, patent, ownership or other proprietary notices in the Service or any Content in the Service;
• distribute, publish, repost, Tweet, exhibit, stream, promote, host, copy, transmit or otherwise use the Service, in any manner and for any purpose not expressly permitted under the Terms;
• frame or utilise framing techniques to enclose the Service, or any portion thereof, except when explicitly and purposely permitted by the Service;
• exploit the Service or collect any data incorporated in the Service in any automated manner through the use of bots, metaspiders, crawlers or any other automated means
• register for an Account by providing false, inaccurate, or misleading information;
• post hyperlinks to commercial services or any websites;
• impersonate, parody or spoof any person or entity, including, without limitation, any other user, person with a public profile or our employees, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• inaccurately present yourself (directly or indirectly) as having experience, qualifications, skills, endorsements or professional certifications, registrations or affiliations that you do not have;
• collect personal data about other users of the Service for commercial or any other purposes;
• post or otherwise make available irrelevant Content, repeatedly post or make available the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure or burden other users with Content that we at our sole discretion deem unwelcome or unwanted;
• attempt to gain unauthorized access to our computer systems (including any non-public areas of the Service) or engage in any activity that disrupts, diminishes the quality of, delays, probes for vulnerability, interferes with the performance of, or impairs the functionality of, the Service (or the servers and networks which are connected to the Service);
• make available Content that in our opinion constitutes or contains affiliate marketing, link referral codes, junk mail, trolling, spam, chain letters, pyramid schemes, potentially fraudulent endeavours or unsolicited commercial advertisement, except to the extent such Content is provided to you by us or one of our affiliates for a purpose specifically authorised by us in writing;
• create or attempt to create more than one Account;
• purport to be our agent for the purpose of new user registrations or otherwise;
• access or use the Service if you have been previously removed from the Service by us; or access or use those parts of the Service if you are subject to a partial ban or prohibition;
• use the Service to encourage any conduct that (1) violates any applicable law or regulation, or any term or condition of the Terms, or (2) could create a risk of harm, loss or damage of any kind; or
• attempt to access or search the Service or Content in order to scrape any Content or information from the Service, or otherwise use, upload Content to, or create new links, posts or referrals in the Service through the use of any computerised or mechanised process, engine, software, tool, agent, device or mechanism other than the software provided by us or other generally available third party web browsers.

20. Provision of the Service by Us

• We are constantly improving the Service in order to provide the best possible experience for our users. You acknowledge and agree that the form and nature of the Service which we provide may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that we may decline to provide you access to the Service or stop (permanently or temporarily) providing the Service (or any features or programs or Content within the Service) to you or to users generally at our sole discretion, without liability or prior notice to you. You may stop using the Service at any time. You do not need to specifically inform us when you stop using the Service. You acknowledge and agree that if we disable access to your Account because of extended non-use or other reason, you may be prevented from accessing the Service, your Account details, or any files or other Content which is contained in your Account. You acknowledge and agree that while we may not currently have set a fixed upper limit on the amount of storage space used for the provision of the Service, or the duration of time that we will store any information on your behalf, such fixed upper limits or temporal limits may be set by us at any time, in our sole discretion. Any new features that augment or enhance the current Service shall be subject to this Agreement.
• Some images used in our programs are supplied by ThinkStock, or other commercial image providing companies. Republication, retransmission, and reproduction of any copyrighted images is prohibited, as is downloading copyrighted images for any purpose other than personal use.

21. Access to the Service and Reservation of Rights

• Subject to your compliance with the Terms, we hereby give you a personal, revocable, worldwide, non-assignable, non-sublicensable and non-exclusive right to access and use the Service in the manner and for the purposes expressly permitted by the Terms. We also hereby grant you a limited, revocable, and non-exclusive right to create a hyperlink to the Website or subdomains thereof so long as the link does not portray us, our parent, subsidiary and affiliates companies (if any), or any products or service provided by them in a false, misleading, damaging, distorted, inaccurate, derogatory way, or a manner which we reasonably believe at our sole discretion to otherwise be offensive. You may not assign (or grant a sublicense of) your rights to use the Service, grant a security interest in or over your rights to use the Service, or otherwise transfer any part of your rights to use the Service. Any such attempt shall be deemed null and void at the time such attempt is made.
• We reserve all rights, titles and interests in and to the Service not expressly granted to you (if any) under the Terms. There are no implied licenses under the Terms.

22. Password and Account Security

• To use the Service, you must create an Account with us by providing an email address.
• You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with your Account. Accordingly, you agree that you will be solely responsible to us for all activities that occur under your Account. If you become aware of any unauthorized use of your password or of your Account, you agree to notify us immediately at hi@mindease.io.

23. Content in the Service

• You understand that all information and materials (including, without limitation, data files, written text, computer software, music, audio files or other sounds, photographs, videos or other still and moving images) accessible as part of, or through the use of, the Service are the sole responsibility of the person from which such information originated. All such information is referred to as “Content”.
• You acknowledge that Content presented to you as part of the Service may be protected by intellectual property rights which are owned by the persons and/or entities that provide that Content to us (or by other persons or companies on their behalf). Using our Service does not give you ownership of any intellectual property rights in our Service or the Content you access. You may not modify, rent, lease, loan, sell, distribute, sublicense, or create derivative works based on Content (either in whole or in part) unless you have been specifically told that you may do so by us or by the owners of that Content, in writing.
• We reserve the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse to add commentary to, reuse for the purpose of reporting and recording or remove any or all Content.
• You understand that by using the Service you may be exposed to Content that you may find offensive, indecent, inaccurate or objectionable and that, in this respect, you use the Service at your own risk.
• You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Service and for the consequences of your actions (including, without limitation, any loss or damage which we may suffer) by doing so.
• Content that you create, transmit, or display while using the Service must be appropriate for the Service. We may reject, remove, or edit any Content that: (i) is unlawful, harassing, defamatory, abusive, hateful, threatening, offensive, obscene, harmful, tortious, libelous, or invasive of another's privacy; (ii) attacks the character or damages the reputation of other users, name-calls, insults, ridicules, mocks, electronically stalks or otherwise harasses another individual; (iii) contains material or language that is profane, pornographic, sexually graphic, ethnically offensive, “off colour,” political, or propaganda; (iv) contains crude, vulgar or offensive images or nudity; (v) infringes or violates any party's rights, including, without limitation, using third-party copyrighted materials or the names or likenesses of others without appropriate permission and attribution, using third-party trademarks without appropriate permission or attribution or in a way that is likely or intended to cause confusion, or using or distributing third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality; (vi) has been broadcasted, streamed, published or televised in any form of media, including, without limitation, television, books and movies; (vii) contains any advertising, promotional materials, chain letters, spam, junk mail, or any other type of unsolicited mass email to people or entities that have not agreed to be part of such mailings; (vii) discloses or references any personally identifiable information belonging to you or a third party; (ix) depicts or describes any activities that would violate the personal privacy rights of others, including, without limitation, collecting and distributing information about others without their permission; (x) impersonates any person or entity; falsely states or otherwise misrepresents an affiliation with any person or entity; intentionally omits, deletes, forges, or misrepresents transmission information, including, without limitation, headers, return mailing, and Internet protocol addresses; or otherwise manipulates identifiers to disguise the origin of any Content transmitted to the Service; (xii) contains any worms, viruses, or other harmful, disruptive, or destructive files, code, or programs; (xiii) interferes with, disrupts, or harms in any way the Service or any servers or networks connected to the Service; (xiv) uses the Service for any illegal purpose, or violates any applicable local, national, foreign or international law or regulation, intentionally or unintentionally; (xv) promotes illegal or inappropriate activities or any other dangerous behavior that may result in harm; (xvi) posts on behalf of a banned user; or (xvii) we otherwise determine to be inappropriate for the Service or inconsistent with our image and reputation.

24. Intellectual Property

• You acknowledge and agree that we (or our licensors) own all legal right, title and interest in and to the Service, including, without limitation, any intellectual property rights which subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist) including, without limitation, all rights with respect to copyrights, patents, trademarks, service marks, moral rights, trade names, domain names, technology, mask works, know-how, design rights, trade dress, trade secrets, inventions, ideas, processes, formulas, source code and object code, data, and similar rights including, without limitation, the information in any application, registration, or renewal thereof that may be protected under the intellectual property laws, regulations, or rules of any country. Without limiting the foregoing, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material, and all intellectual property rights to the same, are owned or controlled by us, our licensors, or both.
• You agree that you shall not remove, obscure, or alter any legal notices or proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Service.
• The Terms do not grant you the right to use any branding or logos used in our Service. You agree that in using the Service, you will not use any trademark, Service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

25. Grant of Rights

• You retain copyright and any other rights you already hold in Content which you upload or otherwise submit to, or make available on, the Service.
• By posting, uploading, submitting or otherwise making available Content, you are granting us permission to host, store, display and transmit this Content as is required in order to provide you the Service. Some Service elements may offer you ways to access and remove Content that has been provided to that Service element, but this is not guaranteed. Also, some elements of our Service contain terms or settings that narrow or expand the scope of our use of the Content submitted in respect of that element of the Service. The Service is a public platform and other users of the Service may, and you hereby grant all users of the Service the right to, search for, see, and/or use any Content that you choose to make publicly available through the Service to the extent permitted by the features and functionalities of the Service.
• We understand that you may wish to post confidential thoughts, feelings and emotions as Content. We respect the private and confidential nature of such Content. Typically such Content is held on secure servers to which we do not have access except in exceptional circumstances, normally involving you and your management of the Account. We will not use, publish, exploit or otherwise infringe your confidentiality in such material. The only confidential information which we use is your response to our surveys before and after using the Service to help us gauge whether or not the Service has helped you. Even then, we only take anonymous aggregate statistical data to help us improve the Service. We cannot tell from such data how you personally voted, merely whether overall users found that particular service helpful or not.
• You agree that we are not responsible for protecting and enforcing any intellectual property rights granted by you to us in connection with this Agreement and that we have no obligation to do so on your behalf.
• In submitting Content you waive all your moral rights to be identified as the author.
• In connection with Content you upload, submit, post, or otherwise make available via the Service, you affirm, represent, and warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorise us to use such Content in the manner contemplated by this Agreement. You further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including, without limitation, privacy and publicity rights, unless you are the owner of such rights or have written permission from their rightful owner to post the material and to grant to us all of the rights granted herein.
• You understand that as part of the technical requirements for offering the Service we may (i) transmit or distribute your Content over various public networks and in various media as part of the way in which we deliver the Service; (ii) make such changes to your Content as determined by us in our sole discretion (including, without limitation, changes to conform and adapt Content to the technical requirements of connecting networks, devices, Service or media); and (iii) display advertisements in connection with your Content and/or use your Content for advertising and promotional purposes. You agree that the rights and licenses you grant to us in your contract with us shall permit us to take these actions.
• You represent and warrant to us that you have the full right, capacity, power and authority necessary to grant the rights and licenses granted herein.

26. Infringement – Support for Owners

• If we are approached by the owners of work which is copyrighted or protected by other intellectual property with a complaint of infringement of such rights in the Content posted on the Service via your account (whether by you or otherwise and whether knowingly by you or otherwise) then we may freeze or close your Account without prior notice to you.
• We shall be entitled to take such claims of infringement at face value (save in the case of manifest inaccuracy) where they reasonably lead us to conclude that the complainant’s work has been copied in a way that constitutes copyright or other intellectual property right infringement.

27. Privacy Policy and Data Protection

For information about our data protection practices, please read our privacy policy available here.

This policy explains how we comply with data protection laws, protect your personal information, and how generally we protect your privacy when you use the Service. You agree to the use of your data in accordance with our privacy policy.

28. Data and Uptime

We make no guarantee that any data collected using our Service, or that any programs or Content created using (or posted on) our Service will always be accessible. We cannot guarantee that your data or content you create will not be deleted or permanently lost. We recommend making your own backups of any content you create using our Service and storing them in your own secure location. While we make efforts to keep our data secure, we make no guarantee that our databases or Service will not be hacked, shutdown, or damaged by malicious third parties. While we strive to keep our Service running, we cannot guarantee that our Service will not go down or become inaccessible.

29. No Warranties

Other than statutory warranties (e.g. those relating to satisfactory quality, fitness for purpose and providing the service as described), the Service is provided to you on an “as is” and “as available” basis, without warranty or representation of any kind. To the fullest extent permitted by law, we expressly disclaim all other warranties, whether express, implied, statutory or otherwise without limiting the foregoing, we do not warrant the effectiveness for you of any information provided by us in connection with your use of the Service, or that the Service, including, without limitation, any data, files, and/or other information stored on a server owned or under our control or in any way connected with the Service, will meet your requirements or be available, uninterrupted, error-free, virus-free or secure. Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and you will be solely responsible for any loss or damage to your computer system or other device or loss of data that results from the download or streaming of any such material. No advice or information, whether oral or written, obtained by you from us or through or from the Service shall create any warranty not expressly stated in the agreement. We take no responsibility and assume no liability for any content that you or any third party submits, posts or sends over the Service. You are solely responsible for your content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your and other users’ online distribution and publication of content provided by you and them. The Service may not always be available, and at times our servers or service may be down or malfunctioning or deactivated.

30. Disclaimer of Liability

• Other than for, death, personal injury or fraud, in respect of which our liability is unlimited, to the fullest extent permitted by law, in no event shall we, our parents, subsidiaries, affiliates, or any of their directors, members, managers, officers, employees, agents or third party licensors, be liable for any special, indirect, incidental, consequential, punitive or exemplary damages or losses arising out of or relating to this agreement and/or the Service provided hereunder or any other interactions with us, even if we have been advised of the possibility of such damages. This limitation of liability applies whether the alleged liability is based on contract, negligence, recklessness, professional negligence, tort, strict liability or any other basis or legal theory. Such limitation of liability shall apply whether or not the damages arise directly or indirectly from: (i) the use or misuse of, or reliance upon, the service provided hereunder; (ii) the inability to use the Service for any reason, including, without limitation, from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or any failure of performance not limited to acts of god, communication failure, theft, or destruction; (iii) the interruption, suspension, or termination of the Service; or (iv) the deletion and/or corruption of any data, information, documents, files and/or any other materials stored on a server owned or under our control or in any way connected to the Service. Such limitation on liability shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law. Without limitation of the foregoing, the total liability of us, our parents, subsidiaries, affiliates, or any of our directors, members, managers, officers, employees, or agents for any reason whatsoever related to use of the service or any claims relating to this agreement or any content shall not exceed the amounts, if any, paid by you to us during the past twelve months in connection with your access to the Service (or, if we choose, to supply you with access and use of the Service again).
• We make no representations that the Service is appropriate or available for use in locations outside of the United Kingdom. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable national, state, local or other laws, statutes, directives, rules, regulations, and all interpretations or orders of any government, administrative or regulatory authority or court, including but not limited to those related to export and import of software, technical information or Service. You may not use the Service if you are a resident of a country embargoed by the United States or United Kingdom. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United Kingdom.

31. Release and Indemnification

You agree to release, indemnify and hold harmless us, our parents, subsidiaries, affiliates, directors, members, officers, employees, agents and third party licensors, from and against any and all liabilities, losses, damages, claims and expenses, including, without limitation, legal fees, with respect to (i) your access, use or misuse of, or reliance upon, the Service, (ii) your actual or alleged violation or breach of your contract or rights of another, (iii) Content provided by you or through use of your Account, and/or (iv) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder. For the avoidance of doubt, this section shall survive the termination of your contract with us.

32. Governing Law and Jurisdiction

Your Contract with us, and any disputes arising out of or in relation to it, shall be governed by the laws of England & Wales.

Any dispute with us, or our parents, subsidiaries, affiliates, officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the Courts of England.

33. Severability

If part of the Terms are deemed invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of your contract with us shall remain in full force and effect.

34. No Assignment, Sublicense or Transfer

You may not assign, sublicense, or transfer your contract with us or any rights or obligations under it without our prior written consent. Any such attempted assignment, sublicense, or transfer will be null and void and we, in our sole discretion, shall have the right to immediately terminate our contract with you without loss of any rights of action accrued against you.

35. Communications

You agree that we may communicate with you electronically. Such electronic communications may consist of e-mail, notices posted on the Service, mobile notification, text and other social media messaging and other communications. You agree that all agreements, notices, disclosures, and other communications we send to you electronically will satisfy any requirement that such communication be in writing and, to the extent intended, such communication will be an enforceable and binding term or amendment to your contract with us.

36. Entire Agreement

• The Terms set forth the entire understanding and agreement between us relating to its subject matter. All provisions that should by their nature survive the termination of our contract with you shall survive its expiration including, without limitation, the rights and licenses you have granted hereunder, indemnities, releases, disclaimers, limitations on liability and provisions related to choice of law. Any waiver of or promise not to enforce any right under our contract with you shall not be enforceable unless evidenced by a writing signed by the party making said waiver or promise.
• No vendor, distributor, dealer, retailer, agent, sales person, or other person is authorised by us to modify the terms or to make any warranty, representation, or promise that is different than or in addition to the warranties, representations, or promises expressly set forth in the Terms.