Cybertrends Apps and Services Terms of Use
1. Who we are and what this agreement does
1.1 Subject to these terms, Cybertrends licenses you to use our applications (Apps), any updates to them, the services accessible through them (Services), and any related content we provide through the Apps or Services together or independently.
1.2 The Apps and Services are provided by Cybertrends Limited, incorporated in England and Wales, with registration number 10049207 together with Cybertrends LLC, incorporated in Arizona, United States of America, with business number 25025530.
1.3 Our offices are at Oakmoore Court, 11c Kingswood Road, Hampton Lovett, Droitwich, Worcestershire, United Kingdom, WR9 0QH.
1.4 The ways in which you can use Apps and Services may also be subject to the terms of any app store from which you download them.
2. Your privacy
2.1 We only use any personal data we collect through your use of the Services in the ways set out in our Privacy Notice.
2.2 Please be aware that internet transmission may not be private or secure and that any information you send using the Apps may be read or intercepted by others.
3. Payment terms
3.1 Some of our Apps or Services may be available only by payment of fees or subscriptions.
3.2 The price, billing period, renewal date and any applicable taxes will be shown to you before you complete your purchase.
3.3 By placing an order, you authorise us or our payment provider to charge the payment method you provide for the applicable fees.
3.4 If you buy a subscription, it will continue for the subscription period shown at the time of purchase. Unless you cancel before the renewal date, your subscription may renew automatically for further subscription periods.
3.5 You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current paid subscription period unless we tell you otherwise.
3.6 Where applicable, you may have a legal right to cancel your purchase within 14 days. If you ask us to begin providing the Services during the cancellation period, you may lose your right to cancel once they have been provided.
3.7 Except where required by law, payments are non-refundable once the relevant subscription period, digital content or service provision has begun. At our discretion in the event we no longer provide you with paid for Apps and Services we will normally cease payments or provide refunds as follows:
- For monthly subscription payments we will cease to take payments after the following calendar month.
- For annual subscription payments we will refund payments already made for the remaining whole calendar months of the annual subscription.
3.8 We will normally process refund payments within 14 (fourteen) days of stopping providing paid for Apps and Services to you. This does not affect your statutory rights.
3.9 We may change the prices of our Apps and Services from time to time, but any price change will not affect a subscription period you have already paid for. We will tell you about any price increase before it applies to your next renewal.
3.10 We may suspend or end access to paid for Apps and Services in the following events:
- If payment is not received
- If a payment is reversed or charged back
- If we reasonably believe payment has been made fraudulently
- If you have broken the terms of use
- If we are required to do so in order to comply with our legal and regulatory obligations
3.11 This section does not affect any statutory rights you may have as a consumer.
4. Support
4.1 If you want to learn more about us or have any problems with our Apps and Services, please refer to our support page.
5. How you may use the Apps and Services
5.1 In return for you agreeing to comply with these terms you may:
- Download the Apps onto your devices and use our Services on those devices.
- Use any of our documentation to support your permitted use of the Services.
- Receive updates including service packs, hotfixes and major updates, as we may provide to you.
5.2 You must be 18 years old or over to accept these terms and use the Services. You may not transfer the Apps and Services to anyone else. We are giving you personally the right to use the Apps and receive the Services as set out above.
6. Changes to these terms
6.1 These terms were last updated on .
6.2 We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
6.3 We will notify you of any changes to our terms when you use the Services.
6.4 If you do not accept the notified changes you may not be permitted to continue to use the Services or may only be able to use them in a limited form.
7. Updates and changes to the Apps and Services
7.1 From time to time we may automatically update our Apps and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update Apps for this reason.
7.2 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 Services.
8. We may collect technical and location data
8.1 By using the Apps and Services, you agree to us collecting and using technical information about the devices you use them on and related software, hardware and peripherals to improve our products and to provide any Apps and Services to you.
8.2 The Apps and Services may make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings on your device. If you use these Apps and Services, you consent to us and our service providers and commercial partners to transmit, collect, retain, maintain and process your location data and queries to provide and improve location-based products and services.
8.3 You may stop us collecting such data at any time by turning off the location services settings on your device.
9. We are not responsible for sites linked to by our Services or from our Apps
9.1 The Apps and Services contain links to independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for them.
9.2 The Apps and Services provide general guidance using information we obtain and collate.
9.3 Sometimes where information we receive to provide the Apps and Services is inaccurate or has changed this may result in inaccurate or outdated results being provided in the Service.
10. Restrictions on use
10.1 You agree that you will not sub-license, provide, or otherwise make available, the Apps or Services in any form, in whole or in part to any person.
10.2 You will not copy our Apps or Services, except as part of their normal use or where it is necessary for the purpose of back-up or operational security.
10.3 You will not translate, merge, adapt, vary, alter or modify, the whole or any part of our Apps or Services nor permit them to be combined with, or become incorporated in, any other applications except as required to use the Services on these terms.
10.4 You will not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of our Apps or the Services nor attempt to do any such things, except to the extent that such actions cannot be prohibited.
11. Acceptable use
11.1 You must not use our Apps or the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into them or any operating system.
11.2 You must not infringe our intellectual property rights or those of any third party in relation to your use of the Apps or the Services.
11.3 You must not transmit any material that is defamatory, offensive or otherwise in our opinion objectionable in your use of the Apps or the Services.
11.4 You must not use the Apps or the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.
11.5 Any use of our Apps or the Services contrary to these acceptable use provisions may result in the immediate suspension of your access to or use of the Apps or the Services without notice to you.
12. Intellectual property rights
12.1 All intellectual property rights in the Apps and the Services and related documentation throughout the world are either owned by or licensed to us and the rights in them are licensed (not sold) to you and you have no intellectual property rights in them other than the right to use them in accordance with these terms.
13. Our responsibility for loss or damage suffered by you
13.1 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 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.
13.2 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.
13.3 The Apps and the Services are for domestic and private use. If you use them 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 and may suspend your access or use of them without further notice to you.
14. Limitations to the Apps and Services
14.1 The Services are provided for general information purposes only. They do not offer advice or a commercial service on which you should rely, such as professional, legal or other specialist advice.
14.2 The Services attempt to identify unsafe and inappropriate online content based on your preferences and from information obtained independently by us.
14.3 The Services do not prevent you from directly accessing unsafe or inappropriate content through your device.
14.4 Because online content is dynamic and attempts are made to conceal or disguise unsafe and inappropriate content it may not always be possible for the Services to immediately identify all unsafe and inappropriate content.
14.5 In rare cases unsafe and inappropriate content may not be identified by the Apps and Services. If this happens, please contact us via our support page.
14.6 Although we make reasonable efforts to update the information provided by the Apps and Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
15. We are not responsible for events outside our control
15.1 If our provision of or support for the Apps and Services 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.
16. We may end your rights to use the Apps and Services
16.1 We may pause or end your rights to use the Apps and the Services at any time if you have broken these terms. We will attempt to contact or otherwise notify you of this.
16.2 We may pause or end your rights to use the Apps and the Services at any time if we are prevented from providing them to you by applicable laws or regulations or as part of our anti-fraud measures. In such event we may be restricted from notifying you of this in order to comply with our legal obligations.
17. We may transfer this agreement to someone else
17.1 We may transfer our rights and obligations under these terms to another organisation. We will tell you if this happens and we will ensure that the transfer will not affect your rights under the contract.
18. No rights for third parties
18.1 This agreement does not give any third party the right to enforce any of its terms.
19. General
19.1 If a court finds part of these terms 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.
19.2 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.
20. Applicable law and jurisdiction
20.1 These terms of use, their subject matter and their formation, and any non-contractual disputes or claims, are governed by the laws of England and Wales. The courts of England and Wales will have exclusive jurisdiction, except where mandatory consumer protection laws give you the right to bring proceedings in another country or jurisdiction.