PLEASE READ THESE LICENCE TERMS CAREFULLY
BY CLICKING ON THE a�?ACCEPTa�? OPTION BELOW YOU AGREE TO THESE TERMS WHICH WILL BIND YOU FOR YOUR USE OF THE APP THROUGH ANY DEVICE.
IF YOU DO NOT AGREE TO THESE TERMS, CLICK ON THE a�?REJECTa�? OPTION BELOW.
THE FOLLOWING TERMS APPLY BOTH TO YOUR USE OF THE APP AND ANY IN APP PURCHASES.
1. Who we are and what this Agreement does
1.1. We, Magna Cogitare Limited (company number: 09921463) of Suite 94, 792 Wilmslow Road, Didsbury, Greater Manchester, United Kingdom, M20 6UG, license you to use, as permitted in these terms, the AnimoAce application software on your mobile or any other electronic device (provided it satisfies the operating system requirements at paragraph 6 below) (App), the data supplied with the software, and any updates or supplements to it.
1.2. We also agree to provide to you (subject to these terms) the service you connect to via the App and the content we provide to you through it (Services). Some of such Services will be provided to you free of charge and as standard when you download the App (General Services). We may offer in-App additional services and content for you to purchase, download and use in the App for a designated period of time (as set out before you complete your purchase of such services) (Additional Services).
1.3. Your rights may vary depending on whether you use our App to access only General Services or whether you also use Additional Services. We will make it clear where this is the case.
1.4. Please read these terms carefully before you use the App and make any purchases through the App for the Additional Services. These terms tell you who we are, how we will provide the Services to you, how you and we may change or end the Agreement, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or would like to suggest any changes, please contact us to discuss this by the contact details provided at paragraph 3.2 below.
2. Restrictions on accepting these terms and downloading the App.
2.1. You must be 18 years old or over to accept these terms, download the App and use the Services.
2.2. You should not download the App and/or use or continue to use the Services if you have (or reasonably suspect you have) a body mass index (BMI) below the current healthy weight BMI, which, as at December 2017 is generally accepted to be between 18.5 and 25. Please see https://www.nhs.uk/Tools/Pages/Healthyweightcalculator.aspx for further information.
3. Information about us and how to contact us
3.1. Our registered VAT number is 281 5939 70.
3.2. You can contact us by writing to us at Suite 94, 792 Wilmslow Road, Didsbury, Greater Manchester, M20 6UG or email@example.com or by contacting us through our customer services feature on the App.
3.3. If we have to contact you we will do so by writing to you at the email address provided to us as part of our registration process or by notification through the App.
3.4. When we use the words a�?writinga�? or a�?writtena�? in these terms, this includes emails and/or notifications provided to you through the App. If you do not allow the App to produce a�?pusha�� notifications then notifications will not be provided in this way.
4. Your privacy and use of location data
4.3. Please be aware that any internet transmissions are never completely private or secure and that any message or information you send using the App (including during the registration process or as part of the Services) may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
5. Additional terms that apply to you
5.1. The terms of the application store from which you downloaded the App also apply and they may have their own rules and policies which will prevail in the event of a conflict between their terms and our terms.
5.2. If we include any links to any third party websites or applications (including social media applications and sites) in our App then they may have their own terms and you should check this before using such sites or applications.
5.3. The App may contain links to other independent websites or applications which are not provided by us. This includes links to the site/apps of any of our partners, suppliers or persons otherwise engaged 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).
5.4. You will need to make your own independent judgement about whether to use any such independent sites and applications, including whether to buy any products or services offered by them.
6. Operating system requirements
6.1. The App requires an Android operating system mobile phone, tablet or similar electronic device with a minimum of 832MB of memory. The App is not suitable for use on any other operating system.
7. Content of the App
7.1 Reliance on the Services: The Services are for general information and advice only and are not tailored to your specific circumstances. We do not make any guarantee that the Services will positively benefit you (including creating any positive health benefits or assisting you in weight loss) and the Services do not constitute advice on which you should rely in place of taking advice from a qualified professional, such as your GP or a registered nutritionist.
7.2 Accuracy of the Services: Although we make reasonable efforts to update the Services, we make no representations, warranties or guarantees, whether express or implied, that the content available through the App is accurate, complete or up to date.
8 How you may use the App
8.1 In return for agreeing to comply with these terms, you may:
(to the extent that such feature is available on the App from time to time) download the App on up to two devices (with the operating requirements set out at paragraph 6.1 above) and view, use and display the App for personal purposes only;
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.
9 Our rights to make changes
9.1 We may change the Services to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements to the App. These changes will not materially affect the Services provided to you.
9.2 In addition, we may make changes to these terms to reflect changes to the law or best practice to deal with additional features which we introduce. If we do so we will notify you and you may then contact us to end the Agreement before the changes take effect if you are unhappy with the changes and receive a refund for any amounts paid for Additional Services that have not yet been received.
9.3 From time to time we may automatically update the App and change the Services 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. 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 and/or the Services.
9.4 The App will always match the description of it provided to you when you initially downloaded it.
10 Providing the products
10.1 We may have to suspend the supply of the Services to:
10.1.1 deal with technical problems or make minor technical changes;
10.1.2 update the App to reflect changes in relevant laws and regulatory requirements; or
10.1.3 make changes to the Services as requested by you or notified by us to you (see paragraph 9).
11 Your rights to change your mind in respect of Additional Services
11.1 Under the Consumer Contracts Regulations 2013, you have a right to cancel your purchase of Additional Services (and receive a full refund of any money you have paid in respect of such Additional Services) for 14 days following the date on which we confirm your purchase. This 14 day period is known as a a�?cooling-offa�? period. We cannot provide the Additional Services to you within the cooling off period unless you confirm to us when ordering (by selecting the relevant option) that you agree to us doing so and that you are aware that by doing this you will lose your right to cancel under the Consumer Contracts Regulations 2013.
11.2 Once you have downloaded or begun to use the Additional Services you cannot change your mind, even if the cooling-off period is still running. If you cancel after we have started providing the Additional Services, you must pay us for the Additional Services provided up until the time you tell us that you have changed your mind (this may include a deduction to cover any fees we have paid to the application store from which you made your purchase).
11.3 If you choose to end the Agreement for any of the reasons specified in this paragraph 11 then this shall not affect the Licence granted to you under these terms to use the App.
12 How to end the Agreement with us (including if you have changed your mind)
12.1 To end the Agreement with us, please let us know by doing one of the following:
12.1.1 Emailing us at firstname.lastname@example.org. Please provide your name, email address and details of the purchase.
12.1.2 By the App. Complete the cancellation form available on our App.
12.2 If you want to end the Agreement with us, we will refund you the price you paid for the Additional Services by the method you used for payment as soon as possible (and within 14 days of you telling us that you have changed your mind) by bank transfer or cheque. However, we may make deductions from the price, as described in paragraph 11.2.
13 Our rights to end the Agreement
13.1 We may write to you to let you know that we are going to stop providing all or part of the Services. Where reasonably possible, we will let you know at least 14 days in advance of our stopping the supply of the Services (or relevant part of them) and will refund any sums you have paid in advance for Additional Services which will not be provided.
13.2 We may end your rights to use the App and Services 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.
13.3 If we end your rights to use the App and Services:
a�? You must stop all activities authorised by these terms, including your use of the App and any Services.
a�? You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have.
a�? We may remotely access your device(s) and remove the App from them and cease providing you with access to the Services.
14 If there is a problem with the Services
14.1 If you have any questions or complaints about the Services, please contact us. You can write to us at email@example.com or Suite 94, 792 Wilmslow Road, Didsbury, Greater Manchester, M20 6UG. Alternatively, you can contact us through the customer service feature on our App.
14.2 Summary of your legal rights. See the box below for a summary of your key legal rights in relation to the App and the Services. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
As the App is digital content, the Consumer Contract Regulations say:
a�? Unless you have specifically agreed to waive your right (see paragraph 11), you have the right to change your mind within 14 days of paying for the Additional Services and receive a refund of any money you have paid, provided they have not been downloaded.
a�? You do not have the right to change your mind in respect of the App or Services once you have started to download it/them.
15 Price and payment
15.1 As part of the Services, we may make available for you to purchase (in your absolute discretion) Additional Services. The price of such Additional Services (which includes VAT) will be the price indicated on the App and order pages when you placed your order and includes the following:
a�? the cost of the Additional Service ordered; and
a�? any service fee.
15.2 We take all reasonable care to ensure that the price of the Additional Services advised to you is correct.
15.3 We accept payment by the payment methods accepted by the application store from which you complete your purchase (please note that this may change from time to time and you should check this before completing your purchase). You must pay for the Additional Services in full at the time of their commencement. This will usually be at the time you purchase them with us using the App. You shall ensure that your card details registered to the App are valid and correct and that you are authorised to use such payment method for this purpose and we reserve the right to deduct a nominal amount from your card (which will be refunded immediately) for the purpose of checking your details are correct and you hereby authorise us to do this.
15.4 If you think you have been charged an incorrect amount please contact us promptly to let us know either by email or through the App. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
16 Our responsibility for loss or damage suffered by you
16.1 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 this Agreement 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 the Agreement was made, both we and you knew it might happen, for example, if you discussed it with us at the time you accepted these terms.
16.2 We do not limit or exclude our liability to you where it would be unlawful for us to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation or for breach of your legal rights in relation to the products as summarised at paragraph 14.2.
16.3 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us from time to time.
16.4 We only supply the App and Services for domestic and private use. If you use the App and/or Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16.5 The App and Services are provided for general information and entertainment purposes only. It does not offer advice on which you should rely. Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. Such information is not tailored to your specific circumstances.
16.6 We recommend that you back up any content and data used in connection with the App and/or Services, to protect yourself in case of problems with the App or the Services.
16.7 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 Agreement with us and receive a refund for any Additional Services you have paid for but not received.
17 How we may use your personal information
17.1 We will use the personal information you provide to us:
17.1.1 to (with your permission) link to your Facebook account to enable you to login to our App;
17.1.2 to supply the App and Services to you but we will only do so in so far as is necessary to supply the App and Services to you;
17.1.3 to process your payment for the Additional Services; and
17.1.4 if you agreed to this during the order process, to give you information about similar products and services that we provide, but you may stop receiving this at any time by contacting us by opting out of such correspondence (we will give you an opportunity to do this in each piece of correspondence received).
17.2 By using the App and any Services, 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 App and to provide any Services to you.
17.3 We may collect location data (but you can turn off location services), please see paragraph 4.2.
17.4 We will only give your personal information to third parties where the law either requires or allows us to do so.
18 Support for the App and how to tell us about problems
18.1 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 available on our App.
18.2 If we have to contact you we will do so by email or by notification through the App, using the contact details you have provided to us and by providing such details you authorise us to contact you in such way.
19 If someone else owns the phone or device you are using
19.1 If you download or stream the App onto any phone or other device not owned by you, you must have the ownera��s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
20 Licence RestrictionsA�relating to the App
20.1 You agree that you will:
20.1.1 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;
20.1.2 not copy the App 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;
20.1.3 not translate, merge, adapt, vary, alter or modify, the whole or any part of the App 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;
20.1.4 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:
220.127.116.11 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;
18.104.22.168 is not used to create any software that is substantially similar in its expression to the App;
22.214.171.124 is kept secure; and
126.96.36.199 is used only for the Permitted Objective;
20.1.5 comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or the Services.
21 Acceptable use restrictions
21.1 You must:
21.1.1 not use the App or any Services 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, any Services or any operating system;
21.1.2 not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Services, including by the submission of any material (to the extent that such use is not licensed by these terms);
21.1.3 not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Services;