PLEASE READ THESE TERMS CAREFULLY BEFORE DOWNLOADING THE APP FROM THIS APPSTORE OR BEFORE USING THE APP.
BY DOWNLOADING THE APP FROM THE APPSTORE OR USING THE APP YOU AGREE TO THESE TERMS WHICH WILL BE LEGALLY BIND ON YOU. THE TERMS INCLUDE, IN PARTICULAR, THE LIMITATIONS ON LIABILITY SET OUT THE SECTION OF THIS EULA TITLED OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU.
IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, WE WILL NOT LICENSE THE APP AND DOCUMENTS TO YOU AND YOU MUST NOT DOWNLOAD OR USE THE APP.
This end-user licence agreement (EULA) is a legal agreement between you (End-user or you) and Nuviu Products Limited of The Phoenix Brewery, 13 Bramley Road, London, W10 6SZ (us, we or our, as applicable) under which we license to you:
● all versions, including updates, of the [nuviu] mobile application software and all data and content supplied with that software (App); and
● all accompanying electronic documents (including those made available online) supplied in connection with the App (Documents).
We license use of the App and Documents to you on the basis that you will comply with the terms in this EULA and any rules or policies applied by the operator of each online e-store (Appstore) from whose website or platform you download the App (Appstore Rules). We and you acknowledge that this EULA is concluded between us and not with Apple Inc or any other Appstores. If there is any inconsistency or conflict between the terms of this EULA and those of the Appstore Rules, the terms of the Appstore Rules will prevail except where they expressly state otherwise. Please visit https://www.apple.com/app-store/ or play.google.com, as applicable to access the latest versions of the Appstore Rules.
THIS APP REQUIRES THE FOLLOWING DEVICES WITH INTERNET ACCESS FOR YOU TO DOWNLOAD, INSTALL AND RUN THE APP:
- AN APPLE IPHONE RUNNING THE iOS OPERATING SYSTEM FOR THE iOS VERSION OF THE APP AVAILABLE FOR DOWNLOAD FROM THE APPLE APPSTORE; AND
- A MOBILE PHONE RUNNING ANDROID OPERATING SYSTEM FOR THE ANDROID VERSION OF THE APP AVAILABLE FOR DOWNLOAD FROM THE GOOGLE PLAY STORE.
PLEASE REFER TO THE DOWNLOAD PAGE ON THE RELEVANT APPSTORE FOR DETAILS OF THE MINIMUM VERSION OF THE OPERATING SYSTEM AND, WHERE APPLICABLE, DEVICE SPECIFICATIONS, REQUIRED FOR THE VERSION OF THE APP CURRENTLY AVAILABLE FOR DOWNLOAD.
Please print or save a copy of this EULA for future reference.
Support for the App and how to tell us about problems
Support. If you want to learn more about the App or have any problems using it please take a look at our support resources at www.nuviu-browser.com. You acknowledge that Apple Inc. and any other Appstores will have no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Contacting us (including with questions, complaints or claims). If you think the App is faulty or misdescribed or wish to contact us for any other reason relating to the performance or use of the App, please email our customer service team at support@nuviu-browser.com or call them on +44 (0)20 7313 7627. Where any of the terms in this EULA require you to give us notice in writing, you can send this to us by e-mail or by prepaid post to Nuviu Products Limited at The Phoenix Brewery, 13 Bramley Road, London, W10 6SZ. We will confirm receipt of this by contacting you in writing, normally by e-mail.
How we will communicate with you. If we have to contact you we will do so by using the contact details you have provided to us.
How you may use the App, including how many devices you may use it on
In return for your agreeing to comply with the terms of this EULA you may:
· download a copy of the App onto 5 handheld electronic devices and view, use and display the App and the Service on such devices for your personal purposes only. In addition you may share the App in accordance with the rules set out in Appstore Rules including in relation to family sharing or volume purchases, where applicable.
· use any Documents to support your permitted use of the App and the Service.
· provided you comply with the terms set out in the Licence Restrictions section above, make up to 2 copies of the App and the Documents for back-up purposes; and
· 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 use the App
You must be 18 or over to accept these terms and use the App.
You must not be subject to restrictions imposed by the U.S. Government to use the App
You represent and warrant (i.e. promise) that:
· you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and you are not listed on any U.S. Government list of prohibited or restricted parties.
You may not transfer the App to someone else
We are giving you personally the right to use the App as set out above in the section How you may use the App. Whilst you may have sharing rights as set out above, you may not otherwise transfer the App 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.
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
We will give you at least 7 days’ notice of any change by notifying you using the App, posting the revised terms at www.nuviu-browser.com or, where appropriate, contacting you using contact details we hold for you.
If you do not accept the notified changes you will not be permitted to continue to use the App.
From time to time we may ask you to update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues.
If you choose not to install such updates you may not be able to continue using the App.
The App will always match the description of it provided to you when you downloaded the App.
If someone else owns the device you are using
If you download the App onto any 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 device.
By using the App, you agree to us collecting and using technical, anonymous information about the devices you use the App on and related software, hardware and peripherals to improve our products.
We are not responsible for websites you visit using the App or other Third Party Services
The App allows you to access, and may contain links to, Third Party Services which are not provided by us. Such services are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to access or use any such Third Party Services, including whether to buy any products or services offered by them.
We may make websites (other than the Documents) and other services available to users. You acknowledge that such services are provided to you independently of the App and Documents and separate terms of use (and not these terms) will apply to your use of such services.
We do not endorse the use of any websites or other services (whether our own or Third Party Services) in connection with the App.
You agree that you will:
· use the App in accordance with the Documents;
· except in the course of any permitted sharing under these terms, not rent, lease, sub-license, loan, provide, or otherwise make available, the App or Documents in any form, in whole or in part to any person without prior written consent from us;
· not copy the App or Documents, 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 or Documents nor permit the App or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App 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 nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
· is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
· is not used to create any software that is substantially similar in its expression to the App;
· is kept secure; and
· is used only for the Permitted Objective;
· comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
Acceptable use restrictions
You must:
· not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App or any operating system;
· not infringe our intellectual property rights or those of any third party in relation to your use of the App;
· not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App; and
· not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.
Intellectual property rights
All intellectual property rights in the App and the Documents throughout the world belong to us (or our licensors) and the rights in the App are licensed (not sold) to you. You have no intellectual property rights in, or to, the Ap or, the Documents other than the right to use them in accordance with these terms.
You acknowledge that you have no right to have access to the App in source-code form.
The following component(s) are licensed under the LGPLv2.1 Licence (rendering engine, JavaScript engine) - https://www.gnu.org/licenses/lgpl-3.0.html and BSD - (2-Clause (additional contributions from Apple) - https://opensource.org/licenses/BSD-2-Clause
WebKit: https://developer.apple.com/documentation/webkit https://webkit.org/
Terms of Use/Privacy Policy: https://www.apple.com/legal/privacy/ https://www.apple.com/legal/internet-services/terms/site.html
The following component(s) are licensed under the BSD Licence
GoogleWebRTC: https://cocoapods.org/pods/GoogleWebRTC
License: https://webrtc.org/support/license?hl=en
The following component(s) are licensed under the MIT Licence:
Alamofire: https://github.com/Alamofire/Alamofire
License: https://github.com/Alamofire/Alamofire/blob/master/LICENSE
SwiftLint: https://github.com/realm/SwiftLint
License: https://github.com/realm/SwiftLint/blob/master/LICENSE
RxSwift: https://github.com/ReactiveX/RxSwift
License: https://github.com/ReactiveX/RxSwift/blob/main/LICENSE.md
RxCocoa: https://github.com/ReactiveX/RxSwift
License: https://github.com/ReactiveX/RxSwift/blob/main/LICENSE.md
SwiftyMocky: https://github.com/MakeAWishFoundation/SwiftyMocky
License: https://github.com/MakeAWishFoundation/SwiftyMocky/blob/master/LICENSE
NVActivityIndicatorView: https://github.com/ninjaprox/NVActivityIndicatorView
License: https://github.com/ninjaprox/NVActivityIndicatorView/blob/master/LICENSE
CrashLytics: https://firebase.google.com/products/crashlytics?gclid=EAIaIQobChMIlLCD- eOX8QIVhADmCh3XBAE7EAAYASAAEgIHqPD_BwE&gclsrc=aw.ds
License: https://github.com/crashlytics/crashlytics-services/blob/master/LICENSE
Terms of Use / Privacy Policy: https://firebase.google.com/terms/crashlytics/20170127
PKHUD: https://github.com/pkluz/PKHUD
License: https://github.com/pkluz/PKHUD/blob/master/LICENSE
Branch.io: https://branch.io/
License: https://github.com/iivannov/branchio/blob/master/LICENSE
The following component(s) are licensed under the APACHE Licence:
Firebase/Analytics: https://firebase.google.com/products/analytics?gclid=EAIaIQobChMIpLW0wMWZ8QIVROqyCh2lhQhhEAAYASAAEgI nBvD_BwE&gclsrc=aw.ds
License: https://github.com/firebase/firebase-ios-sdk/blob/master/LICENSE
WE ARE RESPONSIBLE TO YOU FOR FORESEEABLE LOSS AND DAMAGE CAUSED BY US. IF WE FAIL TO COMPLY WITH THESE TERMS AND YOU ARE A CONSUMER, WE ARE RESPONSIBLE FOR LOSS OR DAMAGE YOU SUFFER THAT IS A FORESEEABLE RESULT OF OUR BREAKING THESE TERMS OR OUR FAILING TO USE REASONABLE CARE AND SKILL, BUT WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT IS NOT FORESEEABLE. LOSS OR DAMAGE IS FORESEEABLE IF EITHER IT IS OBVIOUS THAT IT WILL HAPPEN OR IF, AT THE TIME YOU ACCEPTED THESE TERMS, BOTH WE AND YOU KNEW IT MIGHT HAPPEN. WHERE PERMITTED BY LAW, OUR LIABILITY TO YOU IN RELATION TO FORESEEABLE LOSS AND DAMAGE CAUSED BY US WILL BE LIMITED TO THE AMOUNT SET OUT IN THE SECTION LIMITATIONS ON OUR LIABILITY TO YOU WHERE PERMITTED BY LAW.
WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
WHEN WE ARE LIABLE FOR DAMAGE TO YOUR PROPERTY. IF DEFECTIVE DIGITAL CONTENT THAT WE HAVE SUPPLIED DAMAGES A DEVICE OR DIGITAL CONTENT BELONGING TO YOU, WE WILL EITHER REPAIR THE DAMAGE OR PAY YOU COMPENSATION. HOWEVER, WE WILL NOT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW THE DOCUMENTS INCLUDING THE INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.
WE ARE NOT LIABLE FOR BUSINESS LOSSES. THE APP IS FOR DOMESTIC AND PRIVATE USE. IF YOU USE THE APP FOR ANY COMMERCIAL, BUSINESS OR RESALE PURPOSE WE WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
APPLE’S LIABILITY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND IN RELATION TO THE iOS VERSION OF THE APP, APPLE INC WILL HAVE NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APP AND, TO THE EXTENT THAT THEY ARE NOT EXCLUDED UNDER THE TERMS OF THIS EULA AND THE TERMS OF USE, WE SHALL BE SOLELY RESPONSIBLE FOR ANY OTHER CLAIMS LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY. IN THE EVENT OF ANY FAILURE OF THE iOS VERSION OF THE APP TO CONFORM TO ANY WARRANTY PROVIDED BY US UNDER THIS EULA, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE FOR THE APP TO YOU IF YOU HAVE PURCHASED THE APP FROM THE APPLE APP STORE.
WE BOTH ACKNOWLEDGE THAT AS BETWEEN US AND APPLE’S APPSTORE, WE (AND NOT THE APPLE APPSTORE) ARE SOLELY RESPONSIBLE FOR: (I) ADDRESSING ANY VALID CLAIMS MADE BY YOU OR A THIRD PARTY IN RELATION TO THE APP OR YOUR USE OF IT; AND (II) FOR THE INVESTIGATION, DEFENCE, SETTLEMENT AND DISCHARGE OF ANY VALID CLAIM FOR INTELLECTUAL PROPERTY INFRINGEMENT BY A THIRD PARTY, IN EACH CASE TO THE EXTENT SUCH RESPONSIBILITIES ARE NOT DISCLAIMED UNDER THE TERMS OF THIS EULA. IN RELATION TO THE IOS VERSION OF THE APP, WE AND YOU ACKNOWLEDGE THAT WE, AND NOT APPLE INC, IS RESPONSIBLE FOR ADDRESSING ANY CLAIMS BY YOU OR ANY THIRD PARTY RELATING TO THE APP OR YOUR POSSESSION AND/OR USE OF THE APP, INCLUDING: (I) PRODUCT LIABILITY CLAIMS; (II) ANY CLAIM THAT THE APP FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (III) CLAIMS ARISING UNDER CONSUMER PROTECTION, PRIVACY, OR SIMILAR LEGISLATION, INCLUDING IN CONNECTION WITH THE USE OF APPLE’S HEALTHKIT AND HOMEKIT FRAMEWORKS.
LIMITATIONS ON OUR LIABILITY TO YOU WHERE PERMITTED BY LAW. WHERE PERMITTED BY APPLICABLE LAWS, OUR TOTAL LIABILITY TO YOU IN CONNECTION WITH THIS EULA SHALL BE LIMITED TO FIFTY BRITISH POUNDS STERLING (£50).
Limitations to the App. The App and is provided for general information and entertainment purposes only. The App does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App. We make no representations, promises, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
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. This includes your browser history, saved passwords and bookmarks.
Check that the App is suitable for you. The App has not been developed to meet your individual requirements. Please check that the facilities and functions of the App (as described on the applicable Appstore and in the Documents) meet your requirements.
We are not responsible for events outside our control. If any of our obligations under these terms are delayed by an event outside our control then we will contact you when possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us.
We may end your rights to use the App if you break these terms
We may end your rights to use the App at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the App:
· You must stop all activities authorised by these terms, including your use of the App.
· 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 remotely access your devices and remove the App from them.
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.
Certain third parties can enforce these terms
We both acknowledge and agree that, in respect of the iOS version of the App, Apple Inc and its subsidiaries are third party beneficiaries of the terms of this EULA, and that, once you have accepted these terms, each of them will have the right (and will be deemed to have accepted the right) to enforce these terms against you as a third party beneficiary. Except as stated in this section, these terms do not create any right enforceable by any person other than you or us under the Contracts (Rights of Third Parties) Act 1999.
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.
Even if we delay in enforcing this contract, we can still enforce it later
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which laws apply to these terms and where you may bring legal proceedings
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts. Nothing in these terms shall affect the mandatory rights you have as a consumer in the country in which you are located.
Alternative dispute resolution
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the Centre for Effective Dispute Resolution (CEDR) via their website at www.cedr.com. CEDR will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform if you are located in a country that is a member of the European Union.
