T-MINUS MOBILE APPLICATION END-USER LICENCE AGREEMENT
PLEASE READ THESE LICENCE TERMS CAREFULLY
BY CONTINUING TO USE THE T-MINUS APP YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE T-MINUS APP.
WHO WE ARE AND WHAT THIS AGREEMENT DOES
We are T-TINNITUS LTD, trading as T-Minus (T-Minus) of 110 – 112 Lancaster Road, New Barnet, Hertfordshire EN4 8AL. We license you to use:
- the T-Minus v1.0 mobile application software (App) and any updates or supplements to it; and
- the service you connect to via the App and the content we provide to you through it (Service),
as permitted in these terms.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
THE TERMS OF ANY THIRD PARTY SITES, SERVICES OR APPLICATIONS WILL ALSO APPLY
The ways in which you can use the App may also be controlled by the Apple App Store’s rules and policies. Where there are differences, Apple App Store’s rules and policies will apply instead of these terms. For Apple App Store’s rules and policies please see https://www.apple.com/legal/internet-services/itunes/dev/stdeula/
You will need to procure and maintain a subscription with T-Minus OR an active Spotify Premium OR Apple Music account to be able to utilise all functions of the App when you launch the App. Spotify’s terms and conditions of use will apply in addition – for details please take a look at Spotify: https://www.spotify.com/uk/legal/end-user-agreement/
Where utilising Apple Music, Apple’s Terms and Conditions will also apply – for details please take a look at https://www.apple.com/legal/internet-services/itunes/us/terms.html
If you sign up to the Service, you will no longer be required to maintain the Spotify Premium or Apple Music account.
OPERATING SYSTEM REQUIREMENTS
The App runs on the iOS operating system and you will need an iPhone or iPad running iOS 12 or later to operate it.
SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
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.t-minus.info/support.
Contacting us (including with complaints). If you think the App or the Service are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at email@example.com.
How we will communicate with you. If we need to contact you, we will do so via the App and/or using the email address that you have given us when signing up to the Service.
SUBSCRIBING TO THE APP AND IN APP PURCAHSES
You may access the T-Minus App via a “Subscription” which you can purchase as a monthly or yearly Transaction. A description of features associated with Subscriptions is available via the Services.
There are two Subscription options available for purchase, both options are auto-renewable, and both offer a free trial period before the subscription will commence. You are free to cancel your subscription with T-Minus at any time and the terms of doing so are laid out below. Auto-renewable subscriptions will continue until cancelled.
Fees & Transactions
Subscription (including a seven day trial period). The duration of the monthly subscription shall last one month, and fees shall otherwise be collected at a relative currency depending on localisation. For pricing, please refer to your local App Store page.
Annual Subscription (Including a fourteen day trial period). The duration of the annual subscription shall last one year and otherwise collected at a relative currency depending on localisation. For pricing, please refer to your local App Store page.
When completing any Transaction, you represent and warrant that you have the legal right to use all payment method(s) represented by any such Transaction on The App Store. The amounts due and payable by you for a Transaction for the Services will be presented to you before you place your order. If you choose to initiate a Transaction via The App Store, you authorize them to take Payment via your existing App Store Account and associated payment details. All payments made are non-refundable and non-transferable except as expressly provided in these Terms.
If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card or third-party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with T-Minus via our email address (firstname.lastname@example.org).
T-Minus reserves the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances T-Minus deems appropriate in its sole discretion.
Automatic Renewal of Subscriptions & How to Cancel Your Subscription. For Monthly or Annual Subscriptions, at the beginning of the subscription and, because each such subscription renews automatically for an additional period equal in length to the expiring subscription term until you cancel it, at the time of each renewal until you cancel, using the Payment Information you have provided. You must cancel your monthly or yearly Subscription before it renews to avoid the billing of the fees for the next Subscription period. If you purchase your Subscription via The App Store, you can cancel the renewal of your subscription at any time via your device settings (iTunes & App Stores > Apple ID > View Apple ID > Subscriptions). You will not receive a refund for the fees you already paid for your current subscription period but you will continue to receive the Services ordered until the end of your current Subscription period.
Changes to Price Terms for Subscriptions. T-Minus reserves the right to change its pricing terms for Subscriptions at any time and we will notify you in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply for Subscription renewals after such changed pricing terms have been communicated to you. If you do not agree with the changes to T-Minus’ pricing terms then you may choose not to renew your Subscription in accordance with the section “Automatic Renewal of Subscriptions & How to Cancel Your Subscription.”
Future Functionality. You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by T-Minus regarding future functionality or features.
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 a compatible mobile telephone or handheld device and view, use and display the App and the Service on such devices for your personal purposes only; 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 18 OR OVER TO ACCEPT THESE TERMS AND DOWNLOAD THE APP
You must be 18 or over to accept these terms and download the App.
YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE
We are giving you personally the right to use the App and the Service as set out above. You may not otherwise transfer the App or 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 deal with additional features that we introduce in the future.
We will give you prior notice of any change by sending you an email with details of the changes or notifying you of the changes when you next start the App. Any changes will not become effective until 30 days has passed from the date we have notified you of the changes. If you continue to use the App after the 30-day period has elapsed, you will be deemed to have accepted the changes.
If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.
UPDATE TO THE APP AND CHANGES TO THE SERVICE
From time to time we may automatically update the App and change 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.
The App will always work with the current or previous 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.
IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you download 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.
WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
By using the App or any of 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 any Service to you.
WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
The App or any Service 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.
You agree that you will:
- 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 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 or Service nor permit the App or the Service or any part of them 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 the Service; and
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
ACCEPTABLE USE RESTRICTIONS
- not use the App or any Service 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 the App, any Service or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service;
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
- not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
- not rely on the App or any Service as a medical device or for medical diagnosis or treatment; and
- not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App and the Service throughout the world belong to T-Minus 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 or the Service other than the right to use them in accordance with these terms.
DISCLAIMER OF WARRANTIES
YOU ACKNOWLEDGE THAT THE APP AND SERVICE PROVIDED MAY CONTAIN BUGS AND ERRORS. THE APP AND SERVICE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP AND SERVICE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ANY USE OF THE APP AND SERVICE IS AT YOUR OWN RISK. TO THE EXTENT LEGALLY PERMITTED UNDER THE APPLICABLE LAW, T-MINUS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE EXTENT LEGALLY PERMITTED UNDER THE APPLICABLE LAW, T-MINUS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU, YOUR CUSTOMERS OR THIRD PARTIES CAUSED BY FAILURE OF THE APP TO FUNCTION. IN NO EVENT WILL T-MINUS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, COST OF SUBSTITUTE GOODS, LOST DATA OR BUSINESS INTERRUPTION) IN CONNECTION WITH THE USE OF THE APP OR SERVICE OR IN CONNECTION WITH ANY OTHER CLAIM ARISING FROM THIS END USER LICENCE AGREEMENT. THE AGGREGATE LIABILITY OF T-MINUS ARISING FROM OR RELATING TO THIS END USER LICENCE AGREEMENT AND THE APP OR SERVICE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (CONTRACT, TORT OR OTHERWISE) AND EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES SHALL NOT EXCEED ONE DOLLAR ($1.00). NOTHING IN THIS END USER LICENCE AGREEMENT SHALL LIMIT OR EXCLUDE T-MINUS’ LIABILITY FOR GROSS NEGLIGENCE OR FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
THIRD PARTY CONTENT AND THIRD PARTY APPLICATIONS
THE LINKS TO THIRD PARTY WEBSITES, ANY THIRD PARTY CONTENT, AND ANY THIRD PARTY APPLICATIONS MAY BE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEBSITE OR IN ANY THIRD PARTY APPLICATION IS NOT UNDER OUR CONTROL AND WE ARE NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES AND/OR THIRD PARTY APPLICATIONS, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEBSITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH ANY THIRD PARTY CONTENT OR THIRD PARTY APPLICATIONS, WHICH AT ALL TIMES AND IN EACH INSTANCE IS PROVIDED “AS IS.” THIRD PARTY APPLICATIONS MAY BE SUBJECT TO ADDITIONAL POLICIES AND CONDITIONS OR AGREEMENTS BETWEEN YOU AND THE PROVIDER OF SUCH THIRD PARTY APPLICATIONS. YOU AGREE TO FULLY COMPLY WITH ALL SUCH ADDITIONAL POLICIES, CONDITIONS AND AGREEMENTS. IF YOU DECIDE TO ACCESS ANY THIRD PARTY CONTENT, AND/OR ANY THIRD PARTY APPLICATION, YOU DO SO ENTIRELY AT YOUR OWN RISK.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
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.
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.
Limitations to the App and the Service. The App and the Service are provided for general information and entertainment purposes only. Neither the App or the Service offers medical advice on which you should rely. You must obtain professional medical or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
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 or the Service.
Check that the App and the Service are 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 and the Service meet your requirements.
We are not responsible for events outside our control. If our provision of the Service or support for the App or the Service 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 but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Service you have paid for but not received.
WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICE IF YOU BREAK THESE TERMS
We may end your rights to use the App and Service at any time by contacting you if you have broken these terms in a serious way. 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 and Service:
- You must stop all activities authorised by these terms, including your use of the App and any Service.
- 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.
- We may remotely access your devices and remove the App from them and cease providing you with access to the Service.
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 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 to any third parties (under the Contracts (Rights of Third Parties) Act 1999 or otherwise under any other applicable law) to enforce any term of this agreement.
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
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
This End User Licence Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. Each party irrevocably agrees to submit to the exclusive jurisdiction of the English courts over any dispute or claim arising out of or in connection with this End User Licence Agreement or its subject matter or formation (including non-contractual disputes or claims).