PLEASE READ CAREFULLY
This end-user licence agreement (“EULA”) is a legal agreement between you (“End-user” or “you”) and mumoActive Limited of 61/63 Crockhamwell Road Woodley Reading RG5 3JP (“Licensor”, “us” or “we”) for the mumoActive mobile application software and the associated instructional written and video media (the “App”).
We license use of the App to you on the basis of this EULA and subject to any rules or policies applied by any appstore provider or operator from whose site (the “Appstore”) the End-user downloaded the App (the “Appstore Rules”). We do not sell the App to you. We remain the owners of the App at all times.
You may use the App only if you are of legal age to form a binding contract (or, if you are a minor, if you have your parent’s or legal guardian’s permission to use the app, and your parent or legal guardian has read the EULA and agrees to it).
Operating system requirements:
- If run on an Apple device, this App is optimised for an iPhone 5 or above or an iPad 2 or above, in each case with internet access and running an iOS operating system at version 10.6 or above.
- If run on a mobile handset running the Android operating system, this App is optimised for a version of that Android operating system at either version 4.4 or above.
- If run on a laptop or desktop computer, this App requires either a Safari or Chrome internet browser.
We do not guarantee that the App will function on systems which do not meet the minimum criteria specified above.
If you do not agree to the terms of this licence, we will not license the App to you and you must stop the downloading process now by clicking on the “Cancel” button below. In this case the downloading process will terminate.
As a consumer, you have the right to withdraw from your transaction without charge and without any reason before downloading the App.
However, you will lose the right to cancel the transaction once you begin to download or stream the App.
This does not affect your consumer rights for an App that is defective.
The terms of this EULA apply to the App. They also apply to any updates or supplements to the App, unless those updates come with separate terms, in which case those terms apply.
We may change these terms at any time by notifying you of a change when you next start or log onto the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App.
You will be assumed to have obtained permission from the owners of the devices that are described in condition 2.2(a) and 2.2(b) (the “Devices”), and which are controlled, but not owned, by you, to download a copy of the App onto those Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App on or in relation to any Device, whether or not it is owned by you.
By using the App, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals that are internet-based or wireless, to improve our products.
Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
Grant and scope of licence
You may: use the App for your personal purposes only.
Except as expressly set out in this EULA or as permitted by any local law, you agree:
- Not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
- Not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
- Not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
- Not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
- Is used only for the purpose of achieving inter-operability of the App with another software program;
- Is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
- Is not used to create any software that is substantially similar to the App;
- To keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
- To include our copyright notice on all entire and partial copies you make of the App on any medium;
- Not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
- To comply with all technology control or export laws and regulations that apply to the technology used or supported by the App (the “Technology”), (together the “Licence Restrictions”).
Acceptable use restrictions
- Not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including 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, including the submission of any material (to the extent that such use is not licensed by this EULA);
- Not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
- Not use the App 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 the App or our systems or attempt to decipher any transmissions to or from the servers hosting the App.
Intellectual property rights
You acknowledge that all intellectual property rights in the App and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App or the Technology other than the right to use each of them in accordance with the terms of this EULA.
You acknowledge that you have no right to have access to the App in source-code form.
Limitation of liability
You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.
We only supply the App for domestic and private use. You agree not to use the App for any commercial, business or resale purposes, and we have no liability to you for any loss of profits, sales, business or revenue, business interruption, loss of business opportunity, goodwill or reputation, or any indirect or consequential loss or damage.
Our maximum aggregate liability under or in connection with this EULA whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to one pound sterling (£1). This does not apply to the types of loss set out in condition 6.4.
Nothing in this EULA shall limit or exclude our liability for:
- Death or personal injury resulting from our negligence;
- Fraud or fraudulent misrepresentation; and
- Any other liability that cannot be excluded or limited by English law.
Without affecting any other rights and remedies which we may have and without liability to you for any losses which may result, we may terminate this EULA immediately and without written notice, if:
- If you commit a material breach of this EULA;
- If you breach any of the Licence Restrictions or the Acceptable Use Restrictions; or
- At any time by giving you 7 days’ notice in writing.
On termination for any reason:
- All rights granted to you under this EULA shall cease;
- You must immediately cease all activities authorised by this EULA, including your use of the App; and
- You must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control, and on request certify to us that you have done so.
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).
If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
- Our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
- We will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
Other important terms
We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.