Mobile App End User Licence Agreement

These Mobile App End User Licence Agreement terms ("Terms") are between you ("you" or "your") and Pynea Technology Limited a company registered in England and Wales under company number 12574306 with its registered office at 3rd Floor 1 Ashley Road, Altrincham, Cheshire WA14 2DT ("us", "our" or "we") and governs your use of the Pynea mobile application ("App").

By confirming your acceptance of these Terms by clicking the 'Accept' button (or similar) in the App, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you should not use the App and are not granted any rights to use the App.

1. We licence you to:
   1. Install the App onto your device and view, use and display the App on such devices, as well as receive and use any updates to the App;
   2. Use any related documentation available to support your permitted use of the App ("Documentation"); and
   3. Use the service you connect to via the App and the content we provide to you through it ("Service"),

   as permitted in these Terms.

2. These Terms also set out how you can and cannot use the App.

In addition to these Terms, our other terms or policies set out below will also apply to your use of the App:

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

and where there are differences between these Terms and an app store's terms, the app store terms will apply.

1. Operating system requirements: To access and use the App, you must have a compatible device that meets the following minimum requirements:
   1. Android devices: Android 8.1 (Oreo) or later (API level 27 or higher); or
   2. iOS devices: iOS 16.0 or later.
2. The App is designed primarily for use on supported mobile devices. While the App may function on tablet devices, tablet compatibility is not guaranteed and may not be fully supported in all versions of the App.
3. You are responsible for ensuring that your device meets these minimum requirements. We may update the App from time to time, which may change the minimum system requirements.
4. You must be 18. You must be 18 or over to accept these Terms and use the App.
5. 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.
6. Back-up copies limited.Provided you comply with the "Licence restrictions" below, you may make up to two (2) copies of the App and the Documentation for back-up purposes.
7. 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.
8. Licence restrictions. You agree that you will:
   1. not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Service in any form, in whole or in part to any person without prior written consent from us;
   2. not copy the App, Documentation or Service, 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 Documentation or the Service 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 or the Service 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 or Service.

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.

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 Usage;
2. reducing the quality of audio/video streams to manage bandwidth and service availability for all users; and/or
3. restricting or suspending your access to certain App features.

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.

We reserve the right to monitor and measure usage of our App to enforce this Fair Usage provision, including via the use of automated systems or manual checks.

We may revise this Fair Usage provision from time to time to reflect changes in our App, technology, industry practices or regulatory requirements.

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.

All intellectual property rights in the App (including the material published on it) the Documentation and the Service throughout the world belong to us (or our licensors) and the rights in the App and Service are licensed (not sold) to you. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.

1. Updates to the App.

   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.

   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.

   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 downloaded.

2. Changes to these Terms.

   We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.

   We will give you at least 30 days' notice of any change by sending you an email with details of the change or notifying you of a change when you next start the App.

   By using the App after the 30 days' notice period, you will be deemed to have agreed to those changes.

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

1. Support. If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at www.pynea.com/resources.
2. Contacting us (including with complaints). If you think the App or Service 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.

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. 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. 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. 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.
6. 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.
7. 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.
8. 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.
9. 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.

1. 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. we decide to discontinue the App; or
   2. if you break these Terms in a serious way (including a breach of our Fair Usage rules),

   and if what you have done can be put right we will give you a reasonable opportunity to do so.

2. If we end your rights to use the App:
   1. you must stop all activities authorised by these Terms, including your use of the App.
   2. 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.
3. How you can end this agreement. You can terminate this agreement at any time by closing your account and then no longer using the App.

1. We may transfer this agreement 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. 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.
4. If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses 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 respect of the products in the English and Welsh courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.