Last updated: May 29, 2023.
Please read this End-User License Agreement carefully before clicking the "I Agree" button, downloading or using Upd8All.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of this End-User License Agreement:
Agreement means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of the Application.
Application means the software program provided by the Company downloaded by You through an Application Store's account to a Device, named Upd8All.
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) by which the Application has been downloaded to Your Device.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Upd8All Limited, Southfields Middleton Lane, Tamworth, B78 2BW.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Country refers to: England
Device means any device that can access the Application such as a computer, a cellphone or a digital tablet.
Family Sharing / Family Group permits You to share applications downloaded through the Application Store with other family members by allowing them to view and download each others' eligible Applications to their associated Devices.
Third-Party Services means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Application.
You means the individual accessing or using the Application or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.
By clicking the "I Agree" button, downloading or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the "I Agree" button, do not download or do not use the Application.
This Agreement is a legal document between You and the Company and it governs Your use of the Application made available to You by the Company.
This Agreement is between You and the Company only and not with the Application Store. Therefore, the Company is solely responsible for the Application and its content. Although the Application Store is not a party to this Agreement, it has the right to enforce it against You as a third party beneficiary relating to Your use of the Application.
Since the Application can be accessed and used by other users via, for example, Family Sharing / Family Group or volume purchasing, the use of the Application by those users is expressly subject to this Agreement.
The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.
Unless you are over the age of 16, you will require consent from Your parent or guardian prior to use the Application. The Company does not permit those under 16 to use the Application without a parent or guardian’s prior consent.
The Company grants You a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application strictly in accordance with the terms of this Agreement.
You may only use the Application on a Device that You own or control and as permitted by the Application Store's terms and conditions.
The license that is granted to You by the Company is solely for Your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
We are giving You personally the right to use the App and associated services as set out in this Agreement. You may not otherwise transfer the App or the associated 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.
You agree not to, and You will not permit others to:
not rent, lease, sub-license, loan, provide, or otherwise make available, the Application or the Services in any form, in whole or in part to any person without prior written consent from us;
not copy the Application, related documentation or associated 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 Application, related documentation or associated services nor permit the Application or the associated services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Application and the associated 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 Application or the associated 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 Application to obtain the information necessary to create an independent program that can be operated with the Application or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Application or any associated service.
Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.
Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors of the Application.
You must:
not use the Application or any associated service in any unlawful manner, for any unlawful and/or illicit purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Application, any associated service or any operating system;
not infringe our intellectual property rights or those of any third party in relation to Your use of the Application or any associated service, including by the submission of any material (to the extent that such use is not licensed by this Agreement);
not transmit any material that is defamatory, offensive or otherwise objectionable in relation to Your use of the Application or any associated service;
not use the Application or any associated service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
not collect or harvest any information or data from any Application or associated service or our systems or attempt to decipher any transmissions to or from the servers running any Application and associated service.
The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of the Company.
The Company shall not be obligated to indemnify or defend You with respect to any third party claim arising out of or relating to the Application. To the extent the Company is required to provide indemnification by applicable law, the Company, not the Application Store, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Application or Your use of it infringes any third party intellectual property rights
Any feedback, comments, ideas, improvements or suggestions provided by You to the Company with respect to the Application shall remain the sole and exclusive property of the Company.
The Company shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to You.
The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You.
The Company may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications.
Updates may modify or delete certain features and/or functionalities of the Application. You agree that the Company has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to You.
You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.
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 Application and/or the associated services.
If You download or stream the Application 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 this Agreement, whether or not you own the phone or other device.
By using the Application or any of the associated services, You agree to us collecting and using technical information about the devices You use the Application on and related software, hardware and peripherals to improve our products and to provide any of the associated services to You.
The Application or any associated service may contain links to other independent websites which are not provided by the Company. Such independent sites are not under the Company’s control, and the Company 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.
The Company does not provide any maintenance or support for the download and use of the Application. To the extent that any maintenance or support is required by applicable law, the Company, not the Application Store, shall be obligated to furnish any such maintenance or support.
The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites, advertising links or services.
You acknowledge and agree that the Company shall not be responsible for any third-party services, advertising links or any other services including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any third-party services, advertising links or any other services.
You must comply with applicable third parties' terms of agreement when using the Application. Third-party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at Your own risk and subject to such third parties' Terms and conditions.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites, advertising links or services that You visit or which You decide to purchase from.
This Agreement shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from the Company, in the event that You fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from Your Device or from Your computer.
Upon termination of this Agreement, You shall cease all use of the Application and delete all copies of the Application from Your Device.
Termination of this Agreement will not limit any of the Company's rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of Your obligations under the present Agreement.
You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of Your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
The Application is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, the Company, not the Application Store, shall be solely responsible for such warranty.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Application or through the Application or 50 USD if You haven't purchased anything through the Application.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. In no event shall the Company or its suppliers be liable for the User’s violation of this Agreement or any law or regulation.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.
You expressly understand and agree that the Application Store, its subsidiaries and affiliates, and its licensors shall not be liable to You under any theory of liability for any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by You, including any loss of data, whether or not the Application Store or its representatives have been advised of or should have been aware of the possibility of any such losses arising.
Please back-up content and data used with the Application. The Company recommends that You back up any content and data used in connection with the Application, to protect Yourself in case of problems with the Application or the Service.
Check that the Application and the Services are suitable for You. The Application and the Services have not been developed to meet Your individual requirements. Please check that the facilities and functions of the Applications and the Services (as described on the Application Store meet Your requirements.
We are not responsible for events outside our control. The Company will not be liable for delays caused by an event outside of the Company’s control but if there is a risk of substantial delay You may contact the Company to end your contract with the Company and receive a refund for any Services you have paid for but not received.
We may transfer this agreement to someone else
We may transfer our rights and obligations under this Agreement 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 Agreement.
You need our consent to transfer your rights to someone else
You may only transfer your rights or your obligations under this Agreement 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.
Severability If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Product Claims The Company does not make any warranties concerning the Application. To the extent You have any claim arising from or relating to Your use of the Application, the Company, not the Application Store, is responsible for addressing any such claims, which may include, but not limited to: (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection, or similar legislation.
Changes to this Agreement The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Company. By continuing to access or use the Application after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Application.
Governing Law The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and Your use of the Application.
Entire Agreement
The Agreement constitutes the entire agreement between You and the Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and the Company.
You may be subject to additional terms and conditions that apply when You use or purchase other Company's services, which the Company will provide to You at the time of such use or purchase.
If you have any questions about this Agreement, You can contact Us: