Cloudbanter Mobile Application Terms of Use

Please read these terms of use (“Terms”) carefully before downloading the Cloudbanter mobile application (the “App”) operated by Cloudbanter Limited with company registration number 09272325, registered office at 83 Baker Street, London W1U 6AG, United Kingdom and under the laws of England & Wales (“us”, “we”, or “our” or “Company”) to access the mobile messaging service (“Service”).

These Terms govern our relationship with all visitors, users and others who download the App and access the Service.

By downloading the App or using the Service you agree to be bound by these Terms and any rules or policies applied by any appstore provider or operator from whose site you downloaded the App from (“Appstore Terms”). If you disagree with any part of the Terms or Appstore Terms then you must not download App or access the Service.

These Terms refer to the following additional terms, which also apply to your use of the Service:

• Our Privacy Policy is stated in the App, which sets out the terms on which we process any personal information we collect from you, or that you provide to us. By using our App, you consent to such processing and you warrant that all data provided by you is accurate.

Express Licence

The Company grants you a non-exclusive, non-transferable, and revocable licence to download one (1) copy of the App for personal purposes only to communicate with other users via the Service. If you use the App you must comply with these Terms and all applicable local, national or international laws and regulations, including any age restrictions on using the App that may be applicable in your jurisdiction.

Although the Company provides the App free of charge, data and carrier charges may still apply for the use of the Service.

Prohibited Use of the App and the Service

You must not:
• use the App or the Service for commercial purposes;
• use the App or the Service for criminal, unlawful, misleading, malicious or discriminatory purposes;
• upload viruses or other malicious code to the Service, or interfere with the Service in any way, including by transmitting any spyware or other malicious software to the Service;
• bully, intimidate, or harass any user or advertiser of the Service;
• try to access, or access, any account belonging to a third party;
• post Content that is, in the opinion of the Company, inappropriate;
• post private or confidential information;
• knowingly introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful to the Service; or
• solicit, collect or use the login credentials of other App users.

Content and Intellectual Property

The App and its original content (excluding Content (defined below) provided by users), features and functionality are and will remain the exclusive property of the Company and its licensors. The App is protected by copyright, trademark, and other laws of the United Kingdom and foreign countries. Our trademarks and trade dress may not be used without our prior written consent.

Cloudbanter Ltd is the registered owner of the following UK registered trademarks:

• Cloudbanter

Our Service allows you to post, link, store, record, communicate and otherwise make available to other users certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post, including its legality, reliability, and appropriateness.

All Content must comply with these Terms and the Company reserves the right to remove any Content which, in Cloudbanter’s opinion, is not appropriate or breaches these Terms.

By posting Content, you grant to the Company a worldwide, non-exclusive, royalty-free, perpetual, transferable licence (with right to sub-licence) to use, modify, publicly perform, publicly display, reproduce, communicate, prepare derivative works of and distribute such Content on and through the Service, in connection with the provision of the App and otherwise in connection with the provision of the Service and Company business.

You retain any and all of your rights to any Content you submit, post or display on or through the App and Service and you are responsible for protecting those rights.

You agree that the license you grant to us includes the right for us to make your Content available to other users of the App and the Service, who may also use your Content subject to these Terms and to third party advertisers for purposes which are agreed between the Company and the third party advertiser.

You represent and warrant that:
(i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms; and
(ii) the posting of your Content on or through the App and the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Your Account

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account or your ability to access the Service.

You are responsible for safeguarding the password that you use to access the App and the Service and for any activities or actions under your password, whether your password is with our App or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account by contacting us via www.cloudbanter.com.

You may not use as a username any of the following:
(i) the name of another person or entity or that is not lawfully available for use;
(ii) a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or
(iii) a name that is otherwise offensive, vulgar or obscene.

You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.

Advertisements, Links to Adverts, Content, Websites and Services

Our App may contain links to independent third-party adverts, content, web sites or services that are not owned or controlled by Company (“Third Party Sites”).

Company has no control over, does not endorse and assumes no responsibility for, the content, privacy policies, or practices of any Third Party Sites. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such adverts, content, websites or services.

You will need to make your own independent judgement regarding your interaction with any Third Party Sites, including the purchase and use of any products or services accessible through them. We strongly advise you to read the terms and conditions and privacy policies of any third-party adverts, content, websites or services that you visit. If you agree to purchase goods and/or services from any third party who advertises in the App, you do so at your own risk. The advertiser, not Company, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser.

Diagnosis

You agree and accept that the App and yourself will send diagnosis error reports and log information to the Company as required to resolve any product issues.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the App will immediately cease. If you wish to terminate your account, you may simply discontinue using the App and uninstall is from your Device.

The following provisions shall survive the termination of expiry of these Terms: Content and Intellectual Property (above), Disclaimer (below), Indemnification (below) and Limitation of Liability (below).

Indemnification

You agree to defend, indemnify on demand and hold harmless Company and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts and expenses (including but not limited to attorney’s fees) in connection with:
(i) your use and access of the App and Service, by you or any person using your account;
(ii) a breach of these Terms by you; or
(iv) Content posted to the Service by you.

Limitation of Liability

We will not be liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, in connection with:

• use of, or inability to use, our App or Services; or

• use of, or reliance on, any content displayed on our App or Services; or

• any virus, attack or technologically harmful material that may infect any device, computer, data or other material.

If you are a commercial user, please note that we only provide our App and Service for domestic and private use. If you are a commercial user, please note that, in particular, we will not be liable for:

• loss of profits, sales, business, or revenue;

• business interruption;

• loss of anticipated savings;

• loss of business opportunity, goodwill or reputation; or

• any indirect or consequential loss or damage.

The Company’s total and aggregate liability to you in respect of all losses arising under or in connection with your use of the App or Services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £10.

Nothing in these Terms shall limit or exclude our liability for:

• death or personal injury resulting from our negligence;

• fraud or fraudulent misrepresentation; and

• any other liability that cannot be excluded or limited by English law.

Disclaimer

Your use of the App and Service is at your sole risk. The App and Service is provided on an “AS IS” and “AS AVAILABLE” basis. To the extent permitted by law, the App and Service are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

In the event that a dispute arises in connection with these Terms, you agree that the courts of England and Wales shall have exclusive jurisdiction over the matter.

Changes to the Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time.

By continuing to access or use our App or Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the App and the Service and delete the App from your mobile device.

Other Important Terms

We may transfer our rights and obligations under the Terms to another organisation.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

These Terms constitute the entire agreement between us regarding our App, and supersede and replace any prior agreements we might have between us regarding the App or Service.

Contact Us

If you have any questions about these Terms, please contact us via www.cloudbanter.com.

Last updated: 14th July 2017

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