PLEASE READ THESE LICENCE TERMS CAREFULLY. BY DOWNLOADING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE REMOVE THE APP.
WHO WE ARE AND WHAT THIS AGREEMENT DOES
We, Klevio Limited (Klevio), a company registered in England and Wales, registration number 09971722, registered office at 38 Berkeley Square, London, England, W1J 5AE, license you to use:
• the latest version of the Klevio mobile software application (App) as available from time to time on any digital distribution platform, developed and maintained for the retail of this application (App Store) ;
• any data, materials and/or content available through the App;
• the related online documentation (Documentation); and
• the service you connect to via the App and the content we provide to you through it (Service),
as permitted in accordance with these terms.
Please be aware that internet transmissions may not be completely private or secure and that any message or information you send using the App or the Service may be read or intercepted by others.
In addition to the terms of this APP Licence, you acknowledge and agree to be bound by the following terms:
Please be aware that the Klevio Terms of Service (https://legal.klevio.com/terms-of-service) may also apply to you should you decide to purchase Klevio’s services (defined as an Account Owner in the Terms of Service) or in the event you are granted a key or the use of the service by an Account Holder (defined as an Authorised User in the Terms of Service). These terms shall only apply to you the extent that they are relevant to you as either an Account Holder or an Authorised User.
Jointly referred to as Legal Notice and are further available on our website, www.klevio.com (Website)
You acknowledge and agree that any App Store may set rules and policies to control the ways in which you can use the App and Documentation (App Store Terms). You agree to be bound to the relevant App Store Terms in addition to this APP Licence and Legal Notice. If there is any conflict between the relevant App Store Terms and this App Licence and/or Legal Notice, the terms of our Legal Notice together with our App Licence will prevail.
SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
Support. If you want to learn more about the App or the Service or have any problems using them please take a look at the support resources available on our Website.
Contacting us. If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at [email protected]
How we will communicate with you. If we have to contact you we will do so by email, by SMS
or using any other means or contact as provided by you.
HOW YOU MAY USE THE APP
In return for your agreeing to comply with these terms and subject at all time to our Legal Notice, you may:
• download or stream a copy of the App onto a handheld device and view, use and display the App and the Service on such device in accordance with the Terms of Service;
• use any Documentation to support your permitted use of the App and the Service;
• receive and use any free supplementary software code or update of the App incorporating patches and corrections of errors as we may provide to you.
YOU MUST BE 18 TO ACCEPT THESE TERMS AND BUY THE APP
You must be 18 or over to accept these terms and buy the App.
YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE
We are giving you personally the right to use the App and the Service as set out in the Terms of Service. Whilst you have sharing rights as set out in the Terms of Service, you may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
CHANGES TO THESE TERMS
We may need to change these terms in the future, but we will notify you at least 14 days in advance of any substantial change by sending you an email with details of the change or notifying you of a change when you next start the App.If you do not accept the notified changes you may continue to use the App and the Service in accordance with the existing terms but certain new features may not be available to you
UPDATE TO THE APP AND CHANGES TO THE SERVICE
From time to time we may update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. If you choose not to install such updates or if you choose not to update the App on your device, you may not be able to continue using the App and the Services.
IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
WE MAY COLLECT LOCATION DATA (BUT YOU CAN TURN LOCATION SERVICES OFF)
We may make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device.
If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based products and services. You may stop us collecting such data at any time by turning off the location services settings on your device.
Except as permitted in the Terms of Service, you agree that you will:
• not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
• not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
• not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things.
Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services meet your requirements.
WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICES IF YOU BREAK THE TERMS
We may end your rights to use the App and Services at any time by contacting you if you have substantially broken these terms. Please read our Terms of Service to learn more about how we can terminate this agreement with you.
If we end your rights to use the App and Services:
• you must stop all activities authorised by these terms, including your use of the App and any Services;
• you must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this;
WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
NO RIGHTS FOR THIRD PARTIES
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Please read carefully our Terms of Service, available on our Website, before downloading our App. In particular, you will find in our Terms of Service important information about: INTELLECTUAL PROPERTY RIGHTS, LICENCE, PROHIBITED USE, COMPLAINTS, CANCELLATION RIGHTS, TERMINATION, RETURNING PRODUCTS, INDEMNIFICATION, DISCLAIMERS, LIMITATION OF LIABILITY.
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