TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY

Hello, and welcome to Symbolsend!

This Symbolsend Mobile Application (App) and the services available through use of the App (Services) are made available by Symbolsend Ltd, a company incorporated in England under number 12328704 and having its registered office at 8 Rycroft Gardens, Leeds, LS13 4PR (Symbolsend, we, us or our).

  1. Use of the App and the Services
    1. We grant the user of the App (you, your or user) a non-exclusive, non-transferable, revocable licence to use the App and the Services and any updates or supplements to them, as permitted in these terms and conditions (App Terms).
    2. In return for your agreeing to comply with the App Terms you may download or stream a copy of the App and view, use and display the App on your phone or other devices for your personal purposes only. You may also use the Services as detailed in the App.
    3. We may from time to time vary these App Terms. It is your responsibility to check the App Terms from time to time so that you are aware of any variations that we may make. If you continue to use the App you are deemed to have accepted such variations. If you do not accept the variations you must stop using the App.
    4. In addition to the App Terms, you will be bound by the terms and conditions and privacy policies (Platform Terms) of Apple, Google, Amazon or any other relevant third-party provider (Platforms). If there is any conflict between the App Terms and the Platform Terms, the App Terms will prevail.
    5. Your agreement with your network provider (Mobile Provider) will also apply to your use of the App. You will be responsible for any charges applied by your Mobile Provider.
    6. Services may be affected by device signal, functionality or other performance issues. These are not the responsibility of Symbolsend.
  2. Purpose and limitation
    1. The App is designed to assist the users to be able to communicate remotely using the text and or symbols within the app
    2. The App's functionality depends on accurate spelling by the user. It is your responsibility to make sure that your spelling is always accurate and Symbolsend shall not be liable for any inaccuracy.
    3. Although we make reasonable efforts to update the information provided by the App and the Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
    4. To the fullest extent permitted by law, Symbolsend excludes all representations and warranties, whether express or implied, including any representations or warranties that the App is fit for purpose, of satisfactory quality, free from defects, is able to operate on an uninterrupted basis, that use is in compliance with laws or that any information you transmit in connection with the use of the App or the Services will be successfully, accurately or securely transmitted.
    5. To the fullest extent permitted by law, Symbolsend shall not be liable to you for use of the App or the Services. In the event that applicable law does not allow the exclusion of liability, in no event shall Symbolsend’s liability arising under or in connection with these App Terms and your use of the App or the Services exceed £50.
    6. 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 Services.
    7. We rely on you to provide us with accurate, complete and up-to-date information and you agree to provide that information and to keep it accurate, complete and up-to-date.
    8. You are responsible for all activities that occur when the App or the Services are accessed using your user information, whether or not you know about them.
  3. Your privacy
    1. We will collect certain personal data about you when you use the App, including (but not limited to) your name, date of birth, gender and email address. Your privacy is important to us and we will only use any personal data we collect through your use of the App in the ways set out in our privacy policy 
    2. Please be aware that internet transmissions are never completely private or secure and that  any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
    3. By using the App, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and services, as set out in the Privacy Policy.
  4. Operating system requirements Android 4.1 (Jellybean).Apple no earlier than 12

TBC

  1. Updates
    1. From time to time we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons. 
    2. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App. 
  2. 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 the App Terms, whether or not you own the phone or other device. 

  1. Links from the App
    1. The App may contain links to other independent websites which are not provided by us. Such independent sites 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 use any such independent sites, including whether to buy any products or services offered by them. 
  2. Licence restrictions

You agree that you will:

    1. 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;
    2. not copy the App except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
    3. not translate, merge, adapt, vary, alter or modify, the whole or any part of the App nor permit the App or any part of it 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 the App Terms;
    4. 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, 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:
      1. 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
      2. is not used to create any software that is substantially similar in its expression to the App;
      3. is kept secure; and
      4. is used only for the Permitted Objective;
      5. 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.
  1. Acceptable use restrictions

You must: 

    1. not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the App Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
    2. not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service;
    3. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
    4. not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
    5. not collect or harvest any information or data from the App or any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
  1. Subscription
    1. The App is available for free download. In order to give you access to the full functionality of the App, however, (including full content and reports) you will need to subscribe for one of the monthly or annual plans on the Platforms (Subscription).
    2. We may from time to time offer reduced subscription plans on the Platforms for new users. These are at our discretion and may not be available for all users.
    3. We may change the Subscription prices on the Platforms at any time and, for existing subscribers, these will take effect on the next renewal.
    4. If you purchase a Subscription but fail to make payment of fees or other charges we shall be entitled to terminate your access to paid-for content. 
    5. Monthly or annual Subscriptions will renew automatically, for the same length of period as the previous Subscription. If you want to cancel your Subscription and avoid paying renewal fees, you must cancel the Subscription before the renewal date. You can also cancel after the renewal date at any time, but there is no refund of the Subscription fee and you can continue to use the App and the Services covered by your Subscription until the end of the current Subscription period.
  2. Intellectual property rights
    1. All intellectual property rights in the App and the Services throughout the world belong to us and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Services other than the right to use them in accordance with the App Terms.
    2. We do not claim ownership of any information that you provide to us through your use of the App and the Services (User Information) but you agree to provide us with a non-exclusive, transferable, royalty-free licence to use the User Information in any way required for the operation by you of the App and the Services.
  3. Our responsibility for loss or damage
    1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, 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.
    2. 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.
    3. 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.
    4. We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as 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 and receive a refund for any Services you have paid for but not received.
  4. Termination
    1. We may end your rights to use the App and Services at any time by contacting you if you have broken the App Terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
    2. If we end your rights to use the App and Services:
      1. You must stop all activities authorised by the App Terms, including your use of the App and any Services.
      2. 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.
      3. We may remotely access your devices and remove the App from them and cease providing you with access to the Services.
  5. Transfer of agreement
    1. We may transfer our rights and obligations under the App 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.
    2. You may not transfer your rights or your obligations under the App Terms to another person.
  6. General
    1. Each of the paragraphs of the App 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.
    2. 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 the App 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.
    3. The App Terms are governed by English law and you can only bring legal proceedings in respect of the products in the English courts.
  7. Support for the App
    1. Support. If you want to learn more about the App or the Services or have any problems using them please take a look at our support resources at https://symbolsend.app/.
    2. Contacting us. If you think the App or the Services are faulty or mis-described or wish to contact us for any other reason please email our customer service team at info@symbolsend.app
    3. How we will communicate with you. If we have to contact you we will do so by email, using the contact details you have provided to us.