Purp

Terms and conditions

Last updated: 28 April 2017



The Purp - Goal & Task Manager! mobile application (the "App") published by Pepzen Ltd. with its principal place of business at Marshall House, Ring Way Preston Lancashire PR1 2QD United Kingdom ("us", "we", or "our").



Please read the specific terms below and also our Privacy Policy and Cookies Policy (collectively the "Terms", "Terms and Conditions") as they apply to your use of the App in addition to any applicable terms and conditions and privacy policies (including any EULAs) of the relevant app store provider(s) from whom you downloaded the App (the “App Store Provider”) which also apply. By accessing or using the App you are confirming to us that you have read the Terms and that you agree to be bound by these Terms. You also acknowledge that that the App Store Provider is not a party to the Terms and that the Terms are concluded between you and us only. These Terms apply to all visitors, users and others who access or use the App.

1. IN-APP PURCHASES

1.1 The App may include in-app purchases that allow you to use the App without any further restrictions and you can create of additional Goals and Categories within the App (“In-App Purchases”). You acknowledge and agree that you are fully responsible for managing your In-App Purchases and the amount you spend on In-App Purchases within the App.



1.2 If you are under 18 then you must have your parents’ or guardians’ permission to make any In-App Purchases. By completing an In-App Purchase, you are confirming to us that you have any and all permission that may be necessary in order to allow you to make that In-App Purchase.



1.3 More information about how you may be able to switch off and/or manage In-App Purchases using your device may be set out in the App Store Provider’s terms and conditions/EULA, in your device’s help settings or online. If you are a parent or guardian of someone under the age of 18 we recommend that you consider any parental controls that may be provided by the App Store Provider if you are concerned that your child may make excessive In-App Purchases.



1.4 In App Purchases can only be consumed within the App. If you make an In-App Purchase, that In-App Purchase cannot be cancelled after you have initiated its download. In-App Purchases cannot be redeemed for cash or other consideration or otherwise transferred. If you make any In-App Purchases in the App, then the App Store Provider’s terms and conditions/EULA applicable to In-App Purchases will also apply.



1.5 If any In-App Purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified of the fault by you, investigate the reason for the fault. We will act reasonably in deciding whether to provide you with a replacement In-App Purchase or issue you with a patch to repair the fault. In no event will we charge you anything further to replace or repair the In-App Purchase. In the unlikely event that we are unable to replace or repair the relevant In-App Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to you, we will authorize the App Store Provider to refund you an amount up to the cost of the relevant In-App Purchase. Alternatively, if you wish to request a refund, you may do so by contacting the App Store Provider directly.



1.6 You acknowledge and agree that all billing and transaction processes are handled by the App Store Provider from whose platform you downloaded the App and are governed by the App Store Provider’s terms and conditions/EULA. If you have any payment related issues with In-App Purchases then you need to contact the App Store Provider directly.

2. ANALYTICS AND PERSONAL INFORMATION

2.1 To use and play the App you do not need to register with Pepzen Ltd. or otherwise provide any personal information to us. However, in order to help us monitor, analyze and improve our digital products and services, the App may contain analytics software that allows us to collect anonymous statistical information about how the Game is used e.g. whether a particular task was completed or the number of times the App has been accessed and things like that (“Metrics”). These Metrics will be associated with a completely anonymous unique identifier generated for your device that is created when the Metrics are first sent. These Metrics cannot be cross-referenced with any other information that can personally identify you. If your device is not connected to the Internet no Metrics will be sent to us.



2.2 The Metrics collected by our analytics software are completely anonymous and will never include any personal sensitive details. The Metrics are used only by Pepzen Ltd. or the trusted partners we work with.



2.3 If you wish, you can switch off our analytics software within the “Options” (or similar) screen of the App. If you switch off our analytics software, no Metrics will be sent to us.



2.4 By installing and using the App, you are confirming to us that you consent to us collecting and using the Metrics described in this paragraph 3 (unless, of course, you have switched off our analytics software). If you (or your parent or guardian if you are under 18) have any further questions about the use of the analytics software in the App and the information it collects, please contact Pepzen Ltd. as set out below.



2.5 To read more about what information Channel 4 collects and how we use, share and store it, see our Privacy Policy and Cookies Policy.



3. CLOUD SAVE, SOCIAL MEDIA FUNCTIONALITY AND USER GENERATED CONTENT

3.1 It may be possible to link your social media account(s) to this App. This will enable you to share your achievements in the App with your friends who are also logged in and playing and also enable you to see their achievements.



3.2 The App may contain social media “share” functionality that allows you to post to your social media channels such as your Facebook wall and/or your Twitter feed. This “share” functionality may contain pre-populated text that can be edited by you. You acknowledge and agree that you are fully responsible for the text that is included in any “shares” that you choose to make to your social media channels.



3.3 The App may contain third party “cloud save” functionality, which allows you to save your progress in the App so that you can transfer between multiple devices and resume using the App from where you last saved your progress. This is achieved by logging into the iCloud via a third party account, such as Apple ID, and sharing a token with the cloud saving service provider.



4. ADVERTISING

4.1 Please note that the App may contain advertising and promotion of Pepzen Ltd.’s other products and services (e.g. other apps that Pepzen Ltd. publishes) and also advertising and promotion of third party products and services. Please note that the third parties whose products and/or services are being advertised or promoted in the App are responsible for the products and/or services they are promoting within the App as well as for the content of the advertisements and promotions for those products and/or services that are included in the App.



4.2 Clicking on any such advertising may take you out of the App. Any personal information you provide any third party advertiser will be governed by the terms of their privacy policy.



5. LICENSED RIGHTS

5.1 The App (and all content included in the App) belongs to us and/or our licensors and is protected by intellectual property laws around the world. You do not own the App or any content you purchase in connection with any In-App Purchases you make; the App and any and all such content are licensed to you in accordance with these Terms.



5.2 You are only allowed to use the App for your own personal non-commercial purposes in accordance with these Terms and the App Store Provider’s terms and conditions/EULA. You are not allowed to copy or distribute or transfer or (except as expressly set out in these Terms or as permitted by the App’s functionality) communicate to the public the App or any content within the App or interfere with the normal operation of the App (e.g. you are not permitted to decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works from the App or any updates or any part thereof). Notwithstanding these restrictions, any open source software components included in the App will continue to be governed by the terms on which such open source software components are generally made available to the public by the relevant open source licensing entity.



6. MAINTENANCE, SUPPORT AND AVAILABILITY

6.1 We are solely responsible for the App, including providing any maintenance and support for the App. In no event will the App Store Provider from whose platform you downloaded the App have any obligation to provide any such maintenance or support services with respect to the App. Please report any problems you encounter with the App to us via support@pepzen.com



6.2 We don't guarantee that the App will always be available or will be updated. You understand that we may discontinue the App or make changes to the App at any time for any reason or no reason without notice or liability to you. We will endeavour to notify you of any material changes to the App in the Update info on the App Store Provider. If we plan to discontinue the App, we will endeavour to notify you of the discontinuance of the App reasonably in advance of the date on which such discontinuance takes effect.



6.3 ERRORS AND INACCURACIES

We are constantly updating our offerings of products and services in the App. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information in the App and in our advertising on other web sites. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section "Errors and Inaccuracies" is without prejudice to existing statutory rights.



6.4 You acknowledge that in no event will the App Store Provider be liable for any claim that the App (or any of the content contained in the App) fails to conform to any applicable legal or regulatory requirement.



6.5 The App Store Provider’s terms and conditions/EULA may also contain prohibitions on who can use and on the use of Licensed Applications which therefore apply to the App so please make sure you read these carefully.



6.6 By accessing the App, you represent and warrant that:



6.6.1 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



6.6.2 you are not listed on any U.S. Government list of prohibited or restricted parties.



7. INTELLECTUAL PROPERTY RIGHTS

7.1 All intellectual property rights in and to the App and any and all features, content, materials and information made available via the App (including any In-App Purchases) are owned by and shall remain owned by us or our licensors at all times.



7.2 The App is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of us.



7.3 We, and not the App Store Provider, will be solely responsible for addressing any intellectual property rights claims that you or any third party may have with respect to the App or your possession or use of the App.



8. LIABILITY FOR FREE APPS

IF THE GAME IS MADE AVAILABLE TO YOU FOR FREE, YOU ACKNOWLEDGE THAT THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” SAVE FOR IN RELATION TO ANY IN-APP PURCHASES MADE BY YOU VIA THE APP, ALL WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR NON-INFRINGEMENT ARE HEREBY EXCLUDED. WHILST WE WILL EXERCISE REASONABLE CARE AND SKILL TO ENSURE THAT THE APP AND ITS CONTENT ARE VIRUS FREE, WE CANNOT GUARANTEE THIS. ACCORDINGLY, WE URGE YOU TO TAKE YOUR OWN PRECAUTIONS IN THIS REGARD (SUCH AS USING ANTI-VIRUS SOFTWARE). WE ACCEPT NO RESPONSIBILITY FOR ANY DAMAGE CAUSED TO YOUR DEVICE BY THE GAME UNLESS SUCH DAMAGE WAS CAUSED BY AN IN-APP PURCHASE MADE BY YOU VIA THE APP.



9. LIABILITY FOR PURCHASED APPS

9.1 IF YOU HAVE PURCHASED THE APP AND THE APP IS NOT OF SATISFACTORY QUALITY, FIT FOR PURPOSE OR AS DESCRIBED, YOU ARE ENTITLED TO:



9.1.1 REQUEST THAT WE, AT OUR OWN COST, REPAIR OR REPLACE THE APP WITHIN A REASONABLE PERIOD OF TIME; OR



9.1.2 RECEIVE A REFUND OF AN AMOUNT UP TO THE PURCHASE PRICE OF THE APP WHERE A REPAIR OR REPLACEMENT IS IMPOSSIBLE OR CANNOT BE DONE WITHIN A REASONABLE PERIOD OF TIME OR WITHOUT SIGNIFICANT INCONVENIENCE TO YOU.



9.2 WHILST WE WILL EXERCISE REASONABLE CARE AND SKILL TO ENSURE THAT THE APP AND ITS CONTENT ARE VIRUS FREE, WE CANNOT GUARANTEE THIS. ACCORDINGLY, WE URGE YOU TO TAKE YOUR OWN PRECAUTIONS IN THIS REGARD (SUCH AS USING ANTI-VIRUS SOFTWARE). IF ANY DAMAGE IS CAUSED TO YOUR DEVICE BY THE APP (OR ANY IN-APP PURCHASE MADE BY YOU), YOU ARE ENTITLED TO:



9.2.1 REQUEST THAT WE REPAIR THE DAMAGE WITHIN A REASONABLE PERIOD OF TIME; OR



9.2.2 RECEIVE COMPENSATION FROM US FOR THE DAMAGE CAUSED TO YOUR DEVICE.



10. LIABILITY FOR ALL GAMES

10.1 OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER WE NOR ANY OF OUR SUBSIDIARY COMPANIES OR THIRD PARTY PARTNERS AND LICENSORS, INCLUDING THE APP STORE PROVIDER, ACCEPT ANY LIABILITY (WHETHER BASED IN CONTRACT, TORT OR OTHER ACTION) FOR ANY CLAIMS, LOSS CAUSED BY YOUR USE OF THE APP OR ANY IN-APP PURCHASES THAT DO NOT ARISE AS A RESULT OF A BREACH BY US OF THESE GAME TERMS AND ARE NOT REASONABLY FORESEEABLE AT THE TIME YOU ENTERED INTO THESE TERMS. IN NO EVENT WILL WE OR OUR SUBSIDIARY COMPANIES OR THIRD PARTY PARTNERS AND LICENSORS BE LIABLE TO YOU FOR ANY LOSS OF PROFITS THAT MAY ARISE AS A RESULT OF YOUR USE OF THE GAME OR PURCHASE OF ANY IN-APP PURCHASES.



10.2 NOTHING IN THESE TERMS EXCLUDES OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THESE LIMITS ON LIABILITY ARE IN ADDITION TO THOSE SET OUT IN THE APP STORE PROVIDER’S TERMS AND CONDITIONS/ EULA.



11. CHANGES TO THESE TERMS

Please note that we may change these Terms and/or any part thereof from time to time at our sole discretion. Any changes we make to these Terms will be applicable from the date they are published. You should review these Terms each time we make available an update to you to see whether they have been changed or updated.



12. GENERAL

12.1 If the App is made available to you for purchase on the App Store Provider’s platform and you elect to purchase the App, you acknowledge that your right to cancel that purchase shall be waived as soon as the download of the App has been initiated.



12.2 You may uninstall the App from your device at any time. Unless the App contains cloud-saving functionality and you have utilised it, your progress in the app will not be saved if you re-install it.



12.3 Each provision of these Terms and each provision of the App Store Provider’s terms and conditions/ EULA shall be construed separately, applying and surviving even if for any reason any of such provisions are held inapplicable or unenforceable in any circumstances.



12.4 In the event that there is a conflict between these Terms and the App Store Provider’s terms and conditions/EULA, the App Store Provider’s terms and conditions/EULA (as applicable) shall prevail.



12.5 You acknowledge that these Terms are not intended to be for the benefit of, and will not be exercisable by, any person who is not a party to them. Notwithstanding the foregoing, you acknowledge and agree that the App Store Provider and each of its respective subsidiaries are third party beneficiaries of these Terms and therefore may enforce their respective rights under these Terms against you.



12.6 The Terms (and any non-contractual matters of whatever nature arising in connection with the App or these Terms) are governed by English law and shall be subject to the non-exclusive jurisdiction of the English courts. Any matters arising between you and the App Store Provider shall be as set out in the App Store Provider’s terms and conditions.



13. GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our App, and supersede and replace any prior agreements we might have between us regarding the App.



14. PRIVACY POLICY AND COOKIE POLICY

Please refer to our Privacy Policy and Cookies Policy. You agree that they constitute part of these terms. You must read our Privacy Policy  and  Cookies Policy before you use the App.



15. CONTACT US

If you have any questions about the App or would like to report a problem or make a complaint or claim in relation to the App or anything contained within the App, please contact us via support@pepzen.com



Last updated: 28 April 2017