Welcome to YEO’s end user licence agreement. This is a contract between you and Alternative Ideas Limited setting out your terms and conditions of use of the app. We want you to be aware of yours and our rights before you use the YEO Application, so please take some time to read these terms (in particular, our Acceptable Use restrictions) before signing up and using the App. It’s important to do this as once you accept these terms and create an account with us, you will be legally bound by these terms.
By clicking “Accept” on the registration page, you are agreeing to these terms, which will bind you. If you do not agree to these terms, click “Reject”.
Please note that in order to create an account you must be:
- at least 13 years old
- legally permitted to use the app legally in your country
- willing to give us access to your biometric data
You can direct any questions about these terms to firstname.lastname@example.org.
Who we are and what this agreement does
Alternative Ideas Limited of C/O The Office Group, 12 Melcombe Place, Marylebone, London, NW1 6JJ, a company incorporated in England and Wales (Registered no. 10785061) (“we”, “us”) license you to use:
- The Your Eye Only (“YEO”) mobile application software, the data supplied with and through the software, (“App”) and any updates or supplements to it;
- The related online or electronic software documentation (“Documentation”);
- The secure messaging and document sharing services we provide you through the App (the “Service”)
as permitted in these terms (the “Terms”).
By “you” we mean any individual users of the App who hold a registered account with us to use the Services, including authorized employees and other licensees of businesses who holds a business account with us.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
The App store terms also apply.
The ways in which you can use the App and Documentation may also be controlled by the rules and policies of Apple App Store https://www.apple.com/legal/internet-services/itunes/uk/terms.html and Google Play https://play.google.com/intl/en-us_us/about/play-terms.html (the “App Store Provider”). The App Store Provider’s rules and policies will apply additionally and instead of the relevant provisions of these Terms where there are differences between the two, so please carefully review the relevant App Store Provider’s terms to fully understand the terms governing your use of this App.
However, please note that these Terms are concluded solely between you and YEO, and we, not the App Store Providers, are solely responsible for the App and its contents (subject to the terms in the Section “We are not responsible for user-generated content or other website/apps you link to”.
Operating system requirements
The App requires a premium smartphone, desktop or thin client device with recent processors and an integrated camera to operate properly. The App has the following minimum requirements:
- Minimum device memory required: 16GB
- Version of operating system:
- iOS 11 and above (iPhone 5SE and above.)
- Mac OS High Sierra and above.
- Android Version 7 and above.
- Windows operating system 10 and above.
Support for the App and how to tell us about problems
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.youreyeonly.com/faq.
Contacting us (including with complaints)
If you think the App or Service is faulty or mis-described or wish to contact us for any other reason, please email our customer service team at email@example.com
Please note that the App Store Providers will not be responsible for providing any maintenance and support services in relation to the App.
How you may use the App, including how many devices you may use it on
In return for your agreeing to comply with these terms you may:
- download a copy of the App onto up to five apple devices or five android device and view, use and display the App on such devices for your personal purposes only. Please note you either download for apple or for android – not both.
- use any Documentation to support your permitted use of the App and the Service.
- provided you comply with the license restrictions, make up to two copies of the App and the Documentation for back-up purposes; and
- 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.
You must be 13 or over to accept these terms and buy the App.
You may not transfer the App to someone else.
We are giving you the personal right to use the App and the Service as set out above. Whilst you may have family sharing rights as set out above, you may not otherwise transfer the App or your user account for using the Service 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.
Changes to these terms
We may need to change these terms to reflect changes in law/industry best practice or to deal with additional features which we introduce to the App.
We will give you at least 30 days’ notice of any change with the relevant details, by sending you an email to the email address you have registered your account with or notifying you of a change when you next start the App.
If you do not accept the notified changes you will not be permitted to continue using the App and the Service.
Your use of the App and the Service will always be governed by the latest version of these terms which are in force from time to time, which can be viewed on www.youreyeonly.com or within the settings section of the App menu.
Update to the App and the service
From time to time we may automatically update the App and features of the Service 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 the Service.
All updates to the App will form part of the YEO App and be subject to the terms of this license.
If someone else owns the phone or device you are using:
If you download the App onto any 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 device.
We may collect technical data about your device:
By using the App and the Service, 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 products and to provide the Service to you.
We are not responsible for user-generated content or other websites/apps you link to
The App and Service provides a private messaging service to enable users to transfer their own content to each other. We will not be responsible for any liability arising from user-generated content transmitted through the App, including but not limited to errors contained within the content, libel, breach of confidentiality or privacy rights or infringement of intellectual property rights.
Additionally, YEO does not endorse the contents of, views expressed in or intended use of any materials that may be transmitted through the App and the Service. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App and the Service.
The App may contain links to other independent websites and apps (including to our App Store Providers) which are not provided by us. Such independent sites and apps 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.
You agree that where you have uploaded content for transmission via the App and Service, you grant us a non-exclusive, royalty-free, worldwide and irrevocable license for us to store such content in an encrypted format on our servers for up to 14 days, and to enable transmission of the messages and content only to recipients that you address until such time that you recall, delete or remove such content. You agree that you have no right to reproduce, photograph (including screenshot photography), store, forward or embellish upon any message or attachment sent by another user at any time.
We operate a zero-tolerance policy for this kind of behavior and we reserve the right to withdraw your account without subscription refund if reported or if you receive more than three screenshot attempt warnings.
You agree that you will:
- except in the course of permitted sharing (see “How you may use the App” above 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;
- 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;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Service nor permit the App, Service or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Service on devices as permitted in these terms;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or 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:
- is not disclosed or communicated without the licensor’s 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; and
- is not used to create any software that is substantially similar in its expression to the App;
- is kept secure; and
- is used only for the Permitted Objective;
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or the Service;
You may be liable to us or our third-party licensors if you use the materials of the App or Documentation in any way other than in accordance with this license.
You agree that YEO has the unilateral right to delete all messages to which you are a party from the server after the 14th day from the transmission of the original message. Your messages will remain encrypted at the point of deletion and we do not need any access to its contents in order to delete these. YEO cannot be held responsible for loss of any data beyond this period.
Acceptable use restrictions
You must not:
- use the App or Service in order to commission, enable or otherwise perform any subversive, illegal or discriminatory activity for any unlawful purpose;
- act fraudulently, maliciously or in any manner inconsistent with these terms, for example, by hacking into or inserting malicious code (such as viruses, or harmful data) into the App, the Service or any operating system;
- infringe our intellectual property rights or those of any third party in relation to your use of the App or Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
- transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
- use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
- copy, screenshot or attempt to copy or screenshot any user-generated content transmitted to you from another user through the Service; and
- collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service.
We don’t tolerate bad behavior on YEO. You can report any abuse or, complaints or breaches of these restrictions by contacting us, outlining the abuse and/or complaint to firstname.lastname@example.org
Breach of these restrictions may end with a warning applied to your account or termination of your right to continue using the App. See further details in “We may end your right to use the App if you break these terms” below.
Intellectual property rights
All intellectual property rights in the App, the Documentation and the Service throughout the world belong to us (or our licensors) and the rights in the App and the Service are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, Documentation or the Service other than the right to use them in accordance with these terms. You agree not to (and agree that you will not procure a third party to) use, adapt, reproduce, or commercially exploit or create derivative works in any other medium or form of any material of the App.
Our responsibility for loss or damage suffered by you
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 these terms or our failing to use reasonable care and skill. 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.
Otherwise, we will not be liable for any damages resulting from the use or inability to use the App or the information contained in the App, whether based on warranty, contract tort (including negligence) or any other basis in law, to the fullest extent permitted under law.
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.
When we are liable for damage to your property. If defective digital content that we have supplied directly to you through the App 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.
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.
Check that the App is suitable for you. The App and the Service have not been developed to meet your individual requirements. Please check that the facilities and functions of the App (as described on the relevant App Store Provider’s website and in the Documentation) meet your requirements.
We are not responsible for events outside our control. If our provision of the Service or support services for the App are 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 minimize 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 contract with us and receive a refund for the Service and any support services you have paid for but not received.
Our responsibility for claims. If you believe the App has failed to conform to any warranties under law (noting the restrictions set out above), you can contact the relevant App Store Provider for a refund of the purchase price. The App Store Provider will have no other liability or remedy obligations to you in respect of such warranties.
In the event of any claim that:
- the App gives rise to certain liabilities to you;
- the App fails to confirm to any applicable legal or regulatory requirements, including under consumer protection or privacy legislation; or
- your use and possession of the App infringes a third party’s intellectual property right.
YEO, and not the App Store Providers, will be solely responsible for the investigation, defense, settlement and discharge of any such claims.
When we may end your rights to use the App and the service
Your rights to use the App and the Service, and the terms of this license, are automatically terminated if you fail to make the necessary subscription payments.
We may also end your rights to use the App if you break any of these terms in a serious way, particularly the Acceptable Use Restrictions set out above. In these instances, you could end up with a warning being applied against your account, cancellation of your subscription without compensation, termination of your user account and blockage from further access to or usage of the App at any time.
You will be notified through the App when your rights to use the App and the Service have been terminated. Once this occurs:
- You must stop all activities authorized by these terms, including your use of the App and the Service, and any distribution of the App.
- You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App.
- You will no longer be entitled to receive updates or support services in respect of the App and the Service.
- You will not be compensated for any loss of service arising from loss of further use of the App.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organization. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
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.
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, with the exception of Apple Inc (“Apple”) and Apple’s subsidiaries, who will be entitled to enforce these Terms.
You acknowledge and agree that that Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
You are responsible for complying with all relevant import and export laws, rules and regulations affecting the App or any portion of it including, without limitation, those applied by the United Kingdom or the jurisdiction in which the App is obtained. Regardless of any disclosure made by YEO of the destination of the App, you will not export or re-export, directly or indirectly, the App without first obtaining all written consents or authorizations which may be required by any such laws, rules or regulations.
You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
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.
Even if we delay in enforcing this contract, we can still enforce it 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 contract, 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.
Which laws apply to this contract and where you may bring legal proceedings
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English 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.
If you are a consumer using the App only for your personal and non-commercial purposes, nothing in these terms will affect your statutory rights as a consumer. Please contact your local Citizens’ Advice Bureau for further details.