2. Apple App Store and Google Play's terms also apply. The ways in which you can use the App and Documentation may also be controlled by: 

1. Apple App Store's rules and policies which can be viewed here

2. Google Play's rules and policies which can be viewed here

3. YOUR ACCOUNT

   1. You must keep your account details safe:

      1. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

      2. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

      3. If you know or suspect that anyone other than you knows your user identification code or password, you must immediately notify us at [email protected].

      4. We will not be liable for any loss, damage or other liability arising from your failure to comply with your security obligations or from any unauthorised access to or use of your account. 

4. RESTRICTIONS

   1. Operating system requirements. This App requires a compatible device with an Apple iOS or Android operating system.

   2. You must be 18. You must be 18 or over to accept these Terms and use the App.  

   3. You may not transfer the App to someone else. We are giving you personally the right to use the App as set out above in clause 1.1. You may not otherwise transfer the App 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.

   4. 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 these Terms, whether or not you own the phone or other device. 

   5. Licence restrictions. You agree that you will:

      1. not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from us;

      2. not copy the App or Documentation, 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 and Documentation nor permit the App or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these Terms;

      4. not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App 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;

         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.

5. FAIR USAGE 

   1. The use of the App is intended for normal, fair, and reasonable use. "Fair Usage" constitutes use of the App in a manner consistent with the normal range of use as reasonably determined by us, considering the average and expected usage patterns of all our users.

   2. If we determine that your use of the App is excessive or unreasonable, we reserve the right to take appropriate action, which may include:

      1. Notifying you of your excessive usage and providing you with a reasonable period to adjust your usage patterns to fall within fair use;

      2. Reducing the quality of audio/video streams to manage bandwidth and service availability for all users;

      3. Restricting or suspending your access to certain features; 

      4. Terminating your access to the App in accordance with these Terms.

   3. We will only take such measures when it is necessary to protect our network from harm, prevent fraud, or when such use has a negative impact on other users' access to the App.

   4. We reserve the right to monitor and measure usage of our App to enforce this Fair Usage provision. We may use automated systems or manual checks to determine compliance with this policy.

   5. We may revise this Fair Usage provision from time to time to reflect changes in our App, technology, industry practices, or regulatory requirements. We will provide notice of any significant changes in accordance with these Terms. 

   6. By using the App, you agree to these Terms and understand that fair and reasonable usage is necessary to provide a high-quality service to all our users.

6. USER CONTENT

   1. Uploading content to our App

      1. Whenever you make use of a feature that allows you to upload any date, text, software, music sound, images, photographs, graphics, video, messages, files or other materials (“Content”) or to make contact with other users of our App, you must comply with the content standards set out in our Acceptable Use Policy. 

      2. You warrant that any such Content does comply with those standards, and you are liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

      3. We also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to our App constitutes a violation of their intellectual property rights or of their right to privacy.

      4. We have the right to remove any posting you make on our App if, in our opinion, your post does not comply with these Terms. 

      5. We do not own or control the Content posted by other users of the App and do not guarantee the accuracy, integrity or quality of such Content.

      6. You may be exposed to Content posted by other users of the App that may be offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content posted by any user of the App or third party, including, but not limited to, liability for infringements of third party rights, any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the App.

      7. We do not pre-screen, monitor, review or edit the Content posted by users of the App. However, we have the right (but not the obligation) at our sole discretion to refuse or remove any Content, in whole or part, that in our judgment does not comply with these Terms or is otherwise undesirable, inappropriate or inaccurate. We are not responsible for any failure, non-failure or delay in removing such Content.

      8. If you wish to contact us in relation to Content you have uploaded to our App and that we have taken down, please contact [email protected]. 

      9. You are responsible for any consequences of our publication of your Content. 

      10. You are solely responsible for securing and backing up your Content.

      11. You are responsible for the accuracy, copyright compliance, legality, decency and compliance with all applicable national and other laws, rules and regulations or any other aspect of such submitted material, including any Content or part thereof, or other communication to us. For the avoidance of doubt, you are responsible for ensuring that your Content does not infringe the rights of any third party.

   2. Your rights to claim against us if we restrict access to your Content. If we restrict access to any Content you upload to our App in a way that breaches these Terms, you have a right to bring a claim against us for breach of contract. 

   3. How to complain about or report Content. If you become aware of any material that is illegal or could comprise or be connected to child sexual abuse or exploitation or could comprise terrorist content or be connected to terrorism, please contact us immediately on [email protected]. If you wish to complain about any other Content, please contact us on [email protected]. 

7. YOUR PRIVACY

Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy and it is important that you read that information.

8. INTELLECTUAL PROPERTY RIGHTS

   1. How you may use material on our App

      1. All intellectual property rights in the App (including the material published on them) and the Documentation throughout the world belong to us (or our licensors) and the rights in the App are licensed (not sold) to you. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

      2. You have no intellectual property rights in, or to, the App or the Documentation other than the right to use them in accordance with these Terms.

      3. You may print off one copy, and may download extracts, of any page(s) from our App for your personal use and you may draw the attention of others to content posted on our App.

      4. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

      5. Our status (and that of any identified contributors) as the authors of content on our App must always be acknowledged (except where the content is user-generated).

      6. You must not use any part of the content on our App for commercial purposes without obtaining a licence to do so from us or our licensors.

      7. If you print off, copy, download, share or repost any part of our App in breach of these Terms of use, your right to use our App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

   2. Rights to use Content you upload

      1. Any Content you upload to our App will be considered non-confidential and non-proprietary. 

      2. You warrant and represent that you either (i) own all right, title and interest to your Content and to any likenesses contained in your Content or (ii) have the legal right to post such Content via the App and to grant the licence to us in the following paragraph and other rights referred to in these Terms.

      3. When you upload or post Content to our App you retain all of your ownership rights in your Content but you grant us the following rights to use that Content:

         1. a worldwide, non-exclusive, irrevocable, royalty-free, unrestricted, transferable and fully sub-licensable licence to use, reproduce, distribute, modify, publish, prepare derivative works of, display, your Content (in whole or in part) on our App across different media including in promotional or marketing materials forever;

         2. a worldwide, non-exclusive, royalty-free, transferable licence for other users, partners or advertisers to use the Content for the purposes of making use of and for the benefit of the Services on the App.

      4. You acknowledge that you must obtain any necessary rights and consents required to enable you to grant the above licence. You also warrant that any 'moral rights' in posted materials have been waived. 

      5. You acknowledge and agree that:

         1. the display or use of your Content shall be at our sole discretion and your Content may or may not be included on the App for any reason or no reason at all; and

         2. other users of our App may repost and use the Content you upload, subject to these Terms and the functionality of the App. 

   3. Our trade marks are registered:

      "PYNEA" and the PYNEA logo are UK registered trademarks of Pynea Technology Limited. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under “How you may use material on our App” above.
      
      

9. CHANGES & UPDATES

   1. Updates to the App 

      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. We will try to give you reasonable notice of any major changes.

      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. 

      3. The App will always work with the current version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.

   2. Changes to these Terms

      1. We may need to amend these Terms from time to time to: 

         1. reflect changes in laws and regulatory requirements which apply to the App, where such changes require us to change the Terms in a manner which does not allow us to give reasonable notice to you; and 

         2. address an unforeseen and imminent danger related to defending Pynea and its users from fraud, malware, spam, data breaches or other cybersecurity risks. 

      2. We may also make other changes to any part of these Terms and we will give you reasonable notice of such changes by sending you an email with details of the change or notifying you of a change when you next start the App.

      3. If you do not accept the notified changes you will not be permitted to continue to use the App.

      4. By using the App after we make any changes, you agree to those changes. 

10. SUPPORT AND COMMUNICATION

    1. Support. If you want to learn more about the App or have any problems using them please take a look at our support resources at [email protected]. 

    2. Contacting us (including with complaints). If you think the App is faulty or misdescribed or wish to contact us for any other reason please email our customer service team at support.pynea.com.

    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.
       
       

11. DISCLAIMER OF WARRANTIES

    1. The App is provided "as is," "where is" and "as available". 

    2. To the extent permitted by law, we (Pynea, its officers, directors, employees, representatives, successors and assigns) exclude all conditions, warranties, representations or other terms which may apply to our App and/or any content on it including, but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, usefulness, or otherwise of the content of the App; and (ii) any warranties of title, non-infringement, merchantability, security, or fitness for a particular purpose. 

    3. This disclaimer of liability applies to any damages or loss caused by us or the App, including without limitation as a result of: (i) any error, omission, deletion or defect in the content, or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of record, whether for breach of contract, tort, negligence, defamation or under any other cause of action. We do not warrant or guarantee (i) that any portion of the App will be free of infection by viruses, worms, trojan horses or anything else manifesting contaminating or destructive properties; or (ii) that access to the App will be uninterrupted or error-free. 
       
       

12. OUR LIABILITY TO YOU

    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 of 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. When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

    4. We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

    5. We are not liable for indirect and consequential damages. We are not liable to you: (i) for any indirect, special, punitive, incidental or consequential damages or any other damages arising in any way out of the availability, use, reliance on, or inability to use the App even if we were advised of the possibility of such damages, and regardless of the form of action, whether in contract, tort, or otherwise; or (ii) for any claim attributable to errors, omissions, or other inaccuracies in, or destructive properties of the App.

    6. Limitations to the App. The App is provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App. This includes content in relation to our connections, communities, jobs, meets and events features. 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.

    7. Please back-up Content and data used with the App. 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.

    8. Check that the App is suitable for you. The App has not been developed to meet your individual requirements. Please check that the facilities and functions of the App (as described on the app store site and in the Documentation) meet your requirements.

    9. We are not responsible for other websites you link to. 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. 

    10. We are not responsible for events outside our control. If our support for the App 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. 
        
        

13. SUSPENSION AND TERMINATION

    1. We may suspend or withdraw the App. Our App is primarily made available free of charge. We do not guarantee that our App, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our App: 

       1. for business and operational reasons;

       2. for events outside of our control, including, but not limited to, hacking, governmental reasons and server issues;

       3. where we decide to discontinue the App;

       4. if you break or we reasonably suspect you of breaking, or seriously and repeatedly breaking any provision of these Terms, or if you attempt or threaten to break any provision of the same; and

       5. if you take any action that, in our opinion, has caused or is reasonably like to cause us to suffer a loss or that otherwise harms the reputation of Pynea.

       We will try to give you reasonable notice of any suspension or withdrawal, but we are not obliged to give prior notice of such suspension or withdrawal.

    2. We will suspend your access to the App if you upload illegal content. 

       1. If you upload material that is clearly illegal, we may suspend your access to our App for a reasonable period of time. We will warn you in advance if we plan to suspend you. When deciding whether to suspend you, we will consider:

          1. how many items of clearly illegal Content you have uploaded within a given time frame in terms of the volume of other content uploaded by other users during that time;

          2. the gravity of the misuse, including the nature of the illegal Content and its consequences (potential or otherwise);

          3. where possible to identify your intention in posting the material.

       2. If you frequently submit notices or complaints that are clearly unfounded, we may suspend the processing of any further notices or complaints from you for a reasonable period of time. We will warn you in advance if we propose to suspend processing of your notices or complaints. When deciding whether to suspend you, we will consider:

          1. how many items of clearly unfounded notices or complaints you submitted within a given time frame in terms of the volume of other notices or complaints submitted by other users during that time;

          2. the gravity of the misuse;

          3. where possible to identify your intention in submitting the notices or complaints.

       3. We may end your rights to use the App if you break these Terms. We may end your rights to use the App at any time by contacting you if: 

          1. where we decide to discontinue the App;

          2. if you break or we reasonably suspect you of breaking, or seriously and repeatedly breaking any provision of these Terms, or if you attempt or threaten to break any provision of the same; or

          3. if you take any action that, in our opinion, has caused or is reasonably likely to cause us to suffer a loss or that otherwise harms the reputation of Pynea.

             If what you have done can be put right we will give you a reasonable opportunity to do so.If we end your rights to use the App:

          4. you must stop all activities authorised by these Terms, including your use of the App.

          5. 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.

       4. How you can end this agreement. You can terminate these Terms at any time by closing your account and no longer accessing or using the App.

14. OTHER IMPORTANT TERMS

    1. We may transfer these Terms to someone else. We may transfer our rights and obligations under these 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 these Terms.

    2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

    3. No rights for third parties. You may not enter into any contract on our behalf or bind us in any way. These Terms are for your benefit only, not for the benefit of any third party of yours. 

    4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these 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.

    5. Even if we delay in enforcing this contract, we can still enforce it later. Even if we delay in enforcing these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this agreement, 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.

    6. Which laws apply to this agreement and where you may bring legal proceedings. These Terms, their subject matter and their formation, are governed by English law and you can bring legal proceedings in the English & Welsh courts.