End User Licence Agreement
PLEASE READ CAREFULLY BEFORE DOWNLOADING OR USING THE APP.
This end-user licence agreement (“EULA”) is a legal agreement between you (“End-user” or “you”) and Sign Language Interactions Ltd (Registered Company in Scotland No: 261069) the Registered Office of which is at Unit 8, 39 Durham Street, Glasgow, G41 1BS (“SLI”, “Licensor”, “us”, “our” or “we”).
This EULA covers the ‘999 BSL’ mobile application software and all its future versions (“App”) and the on-line interpreter services (“Services”) that are available via the App.
The use of the App and the Services are subject to the terms and conditions of this EULA.
We license the App and our Services to you on the terms set out below. You do not have an ownership interest in the App or the Services and no rights in the App, Services or the Intellectual Property (patents, rights to inventions, copyright and neighbouring and related rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world) therein shall transfer to you.
Operating system requirements: The App requires a mobile telephone, tablet computer, or handheld device (“Device”) with Internet access and an Android or iOS operating system.
By downloading our app or using the services, you agree to the terms of this EULA.
If you do not agree to the terms of this license, we will not license the app or use of the services to you and you must remove the app from your device.
You should print a copy of this EULA for future reference.
1. Use of Data Communications
1.1 When using this App, we will collect and use technical data from your device and personal information you have provided to us in connection with your use of the App or the Services. We may also communicate with you about the App and the Services.
1.2 In order to provide the Services video and audio calls may be recorded and stored on our secure servers; geolocation data may be collected from your Device; and we may collect personal data including information about your health. We may also require to share this information with third parties (such as interpreters and the emergency services) in order to provide the Services.
1.4 You agree to provide, insofar as possible, accurate and complete information when using the App and Services.
2. General Terms
2.1 This EULA will commence on the earliest of your first operation, downloading, installation, use or otherwise accessing the App and shall continue for the duration of your use, and each use, of the App. We may change these terms at any time. The new terms will be displayed on your Device or on our website, and you may be required to read and accept them on your Device to continue your use of the App and the Services.
2.2 You may be charged by other service providers for your use of the internet, data plans, and your Device while using our App or our Services. We are not responsible for such charges.
2.4 We do not warrant that use of the App or the Services will be 100% error free, or that the App and the Services will always be available. We will use reasonable endeavours to maintain their accessibility.
3. Grant and Scope of Licence
3.1 We hereby grant you a personal, non-transferable, non-exclusive license to use our App and the Services on your Device (single Device only) in accordance with the terms of this EULA. You are permitted to install and use the App on your Device. You are permitted to use the Services once you have installed the App on your Device. You are responsible for ensuring your Device meets the Operating System Requirements above.
3.2 We remain the owner of all right, title and interest in and to the App subject to the terms and conditions of this EULA and nothing herein shall transfer any ownership rights to you or to any other party.
3.3 We reserve the right to terminate or restrict your access and use of the App and Services for breach of any terms of the EULA.
3.4 We may provide software updated from time to time and any such updates shall be subject to the terms of this EULA.
4. Licence Restrictions
4.1 You are not permitted to:
• Edit, alter, modify, adapt, translate, or otherwise change the whole or any part of the App nor permit the whole or any part of the App to be combined with or become incorporated in any other software, nor decompile, disassemble, or reverse engineer the Software or attempt to do any such things including;
• Reproduce, copy, distribute, resell, sub-licence or otherwise use the App for any commercial purpose or any other purpose save as set out in this EULA;
• Infringe our Intellectual Property rights or those of any third party in relation to your use of the App or the Services;
• Transmit or access any material that is defamatory, offensive, or otherwise objectionable;
• Use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or distribute any malware or virus or security or interfere with other users;
• Use the App or Services in a way that could be considered as abusive, harassing, aggressive, causing a nuisance or threatening towards any interpreter or emergency service representatives;
• Use the App or Services for any commercial purpose;
• Collect or harvest any information or data from the App or the Services or attempt to decipher any transmissions to or from our servers;
• Use the App in any way which breaches any applicable local, national, or international law or in any way which is fraudulent; and
• Use the App or the Services for any purpose that we consider is a breach of this EULA agreement
5. Limitation of Liability
5.1 You acknowledge and agree that we are not liable to you for any of your use of the App or the Services. You agree that we have no responsibility or liability for the failure of the App or the Services. You agree that we are not liable to you or to any third party for any modification, limitation, suspension, or discontinuance of the App or the Services.
5.2 You acknowledge and agree that we cannot guarantee when using the App a connection will be established; that the Services will be provided; that any translations provided will be complete or accurate; that any connection established will be with the proper emergency service provider; that your correct address or geolocation data will be electronically available to the emergency service provider; that translation services will not slow the response time or the relay or emergency information; or that use of the App will be successful.
5.2 To the maximum extent permitted by law, in no event will we, any business entity related to us, or their affiliates, officers, employees, agents, suppliers, or licensees be liable in any way whatsoever for any damages, costs, losses, loss of profits, business interruption, loss of opportunity, goodwill, reputation, or loss or corruption of data, incidental, special, consequential or otherwise, related to your use of the App or the Services.
5.3 We shall have no liability whatsoever in respect of any calls to emergency services or in respect of any other emergency call made. We are not liable for any loss or damage, howsoever arising, in respect of any personal injury, death, damage to property or any other damage, expense or loss incurred in respect of any emergency call made or any attempt to make such a call including but not limited to any damage, expense or loss arising out of, or relating to, the development, design, installation, operation, maintenance, performance, connection, defect, error or omission or provision of the App or Services.
6.1 Each party irrevocably agrees that this EULA shall be governed by and construed in accordance with the law of Scotland and that the courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this EULA.
7. Entire Agreement
7.1 This EULA is the entire and exclusive agreement between you and us concerning the use of the App and supersedes any and all prior oral or written agreements, negotiations or other dealings between us concerning the same. This EULA does not create third-party beneficiary rights and it is not intended to be enforceable by any person who is not a party to this EULA.
8.1 You may not assign any of your rights in this EULA, and any such attempt is void. We may assign our rights, with or without notice to you.
9.1 This EULA applies to the maximum extent permitted by relevant law. If a provision is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.
10.1 Our failure to enforce a provision is not a waiver of our right to do so later.
11.1 If you wish to contact us in writing you can communicate with us by prepaid post to Customer Services, Sign Language Interactions, Unit 8, 39 Durham Street Glasgow, G41 1BS, or by email firstname.lastname@example.org