End User License Agreement

Last updated: 10 June 2020

PLEASE READ THESE LICENCE TERMS CAREFULLY

Who we are and what this agreement does

We, EA Worldwide Acquisitions Limited of Kingfisher House Hurstwood Grange, Hurstwood Lane, Haywards Heath, West Sussex, England, RH17 7QX license you (on a non-exclusive and non-transferrable basis) to use:

TDT mobile application software (App) and any updates or supplements to it; and
the service you connect to via the App and the content and materials we provide to you through it (Service),

as permitted in these terms.

Your right to use the App and the Service can be ended as provided in this agreement.

Who may use this App

This App and Service is for business use only. It is not for domestic and private use.

Owners or managers of a business. If you are the owner or a manager of a business, you can use the App to invite your employees or other staff to use the App and Service. It will also allow you to control the content invited users can access. We will set up an online dashboard to allow you to do this.

ISAs or staff. If you are an ISA trading with the business or other staff member of a business, you may have been invited by the owner or a manager of the business to use the App and Service. In this case you can use the App to register a user account to use the App and Service. You will need the 5-digit code given to you by your business owner or manager. However, you will not be allowed to invite others to use the Service. You will only be allowed to access the content your business owner or manager has allowed.

Your privacy

We only use any personal data we collect through your use of the App and the Services in the ways set out in our privacy policy [PRIVACY POLICY].

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.

APPSTORE’s and PLAYSTORE’s terms also apply

The ways in which you can use the App may also be controlled by the AppStore’s and PlayStore’s rules and policies [PlayStore POLICIES], [AppStore POLICIES] and such rules and policies will apply instead of these terms where there are differences between the two.

Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at enquries@thedevelopmenttank.com.

How we will communicate with you. If we have to contact you, we will do so by email or by SMS using the contact details you have provided to us.

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 mobile telephones or handheld devices and view, use and display the App and the Service on such devices for your internal business operations only;
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.

Registering an account

To use the App you must register an account with us. To register an account, follow the on screen instructions. There is no charge.

You must log into your account at least once every 15-days. If you do not log into your account for 15 consecutive days, your account will be deactivated and automatically deleted – together with any data held on your account. If you want to continue using the App after this time, you will need to register a new account with us.

You must not allow anyone else to use your account. You must keep your login information private and not share it with anyone.

You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the App and/or Services and, if there is any such unauthorised access or use, promptly notify us.

We have the right to disable your login information, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

You must be 18 to accept these terms and use the app

You must be 18 or over to accept these terms and buy the App.

Availability of the App and Services

We will use our reasonable endeavours to make the App and Services available 24 hours a day, seven days a week. However, we do no guarantee this and our App and Services may be unavailable for planned maintenance, unscheduled maintenance or unexpected outages at any time. Whilst we will try to give you as much notice as we reasonably can, we may be unable to give you any notice depending on the circumstances.

Accordingly, we:

do not warrant or undertake that your use of the App or Services will be uninterrupted or error-free; and
are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that your use of the App and Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

We may suspend or withdraw or restrict availability of all or any part of the App or Service at any time for business or operational reasons.

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 contact enquiries@thedevelopmenttank.com.

How you may use material on our service

We are the owner or the licensee of all intellectual property rights in our Service and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Service for your internal business use and you may draw the attention of others within your organisation to content posted on our Service.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Service must always be acknowledged.

You must not use any part of the content on our Service for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our Service in breach of these terms of use, your right to use our Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Submitting content contributions to us

You can at any time submit content contributions to us via the App by following the on-screen instructions. Any content contribution you submit must comply with the content standards set out in our ‘Acceptable use restrictions’ section below and any other content standards we prescribe at our complete discretion at any time.

You warrant that:

any such content contribution does comply with those standards; and
you are the sole legal and beneficial owner of all intellectual property rights in your content contribution.

You will be liable to us and indemnify us for any breach of those warranties. This means you will be responsible for any loss or damage we suffer as a result of your breach of these warranties.

Any content contribution you submit to our Service via the App will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content contribution, but you are required to grant us and other users of our Service a licence as described in the ‘Rights you are giving us to use material you submit’ section below.

Once you submit your content contribution, we will assess it against the content standards in our ‘Acceptable use restrictions’ section below and any other content standards we prescribe at our complete discretion at any time. If, in our initial opinion, we reasonably believe your content contribution meets these standards, then we will (at our complete discretion) add your content contribution to our Service and make it available to other users of our Service. However, such an assessment of compliance shall not be interpreted as meaning we have verified or approved your content contribution or oblige us to add your content to our Service.

We have the right to remove any content contribution you make from our Service at any time if, in our opinion, your content contribution subsequently is deemed not to comply with the content standards set out in our ‘Acceptable use restriction’ section below or if a third party has claimed your content contribution constitutes a breach of their intellectual property rights, or of their right to privacy.

We also have the right to disclose your identity to any third party who is claiming that any content contribution submitted by you to our Service via the App constitutes a breach of their intellectual property rights, or of their right to privacy.

You are solely responsible for securing and backing up your content contributions.

Rights you are giving us to use material you submit

When you submit content contributions to us via the App, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that content contribution in connection with the Service and across different media. This licence shall include a right for us to sub-licence use of your content contribution to all users of the Service from time to time. You warrant that you have the right to grant us this licence.

If you wish to complain about content contributions of other users

If you wish to complain about content contributions uploaded by other users, please contact us on enquiries@thedevelopmenttank.com.

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 in “How You May Use The App”. You may not 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 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 or SMS with details of the change 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 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 Services.

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 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.

Licence restrictions

You agree that you will:

not sell, rent, re-distribute, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
not copy, modify, duplicate, frame, mirror, republish, download, display, transmit or distribute all or any portion of the App or Services, 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 record, or take photos of, any content of the App or Service except as expressly permitted by this agreement;
not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Services nor permit the App or the Services 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 Services 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 Services 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 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; and
is not used to create any software (including an app) that is substantially similar in its expression to the App;
is kept secure; and
is used only for the Permitted Objective; 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

You must:

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, including by the submission of any material (to the extent that such use is not licensed by these terms);
not store, access, publish, disseminate, distribute or transmit via the App or the Service any material which:
- is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
- facilitates illegal activity;
- depicts sexually explicit images;
- promotes unlawful violence;
- is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
- is otherwise offensive, objectionable, illegal or causes damage or injury to any person or property;
not use the App or Service for an slanderous purpose;
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 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;
not access all or any part of the App and Services in order to build a product or service which competes with the App and/or Services;
not use the App and/or Services to provide services to third parties;
use the App and Services in compliance with data protection laws that apply to you; and
not submit content contributions that contain any personal data (personal data is information that can identify a living person) about another person – such as a photograph, video clip or image of another person.

We reserve the right, on notice to you, to disable your access to the App and the Services if you (in our reasonable opinion) have breached any of our acceptable use restrictions set out above.

Intellectual property rights

All intellectual property rights in the App and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Services other than the right to use them in accordance with these terms.

Trade marks

The Development Tank (TDT) is an unregistered trade mark of EA Worldwide Acquisitions Limited. You are not permitted to use it without our approval, unless it is part of material you are permitted to download from our Service pursuant to these terms.

You will not:

apply for, or obtain, registration of the Mark for any goods or services in any country; and
apply for, or obtain, registration of any trade or service mark in any country which consists of, or comprises, or is confusingly similar to, the Mark.

Confidentiality

You will have access to our App and Services (together “Confidential Information”). Our Confidential Information shall not be deemed to include information that:

is or becomes publicly known other than through your act or omission;
was in your lawful possession before the disclosure;
is lawfully disclosed to you by a third party without restriction on disclosure; or
you independently develop, which independent development can be shown by written evidence.

Subject to as otherwise expressly provided below, you will hold our Confidential Information in confidence and not make our Confidential Information available to any third party, or use our Confidential Information for any purpose other than to exercise your rights, and perform your obligations, under this agreement.

You shall take all reasonable steps to ensure that our Confidential Information to which you have access is not disclosed or distributed by your employees or agents in breach of the terms of this agreement.

You may disclose our Confidential Information to the extent such Confidential Information is required to be disclosed by law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction, provided that, to the extent you are legally permitted to do so, you give us as much notice of such disclosure as possible and you take into account our reasonable requests in relation to the content of such disclosure.

The above confidentiality provisions shall survive termination of this agreement, however arising.

Our responsibility for loss or damage suffered by you

The App and the Services are provided to you free of charge. Our liability to you set out below is reflective of this.

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.

We exclude all implied conditions, warranties, representations or other terms that may apply to this agreement, the App or the Services.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

use of, or inability to use, our App or the Services; or
use of or reliance on any content displayed on our App or Services.

In particular, we will not be liable for the following types of losses (in which case whether direct, indirect or consequential):

loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings; or
loss of business opportunity, goodwill or reputation.

Limitations to the App and the Services. The App and the Services are provided for general internal business 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 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 Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the appstore site) meet your requirements.

We are not responsible for events outside our control. If our provision of the Services or support for the App or the 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. Provided we do this we will not be liable for delays caused by the event.

We may end your rights to use the App and the Services at any time

We may end your rights to use the App and Services at any time by giving you 30-days’ notice.

We may end your rights to use the App and the Services if you break these terms

We may end your rights to use the App and Services at any time by contacting you if you have broken these terms. 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 Services:

you must stop all activities authorised by these terms, including your use of the App and any Services;
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; and
we may remotely access your devices and remove the App from them and cease providing you with access to the Services.

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 agreement.

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.

This is our entire agreement

This agreement constitutes the entire agreement between us both and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

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.

No partnership

Nothing in this agreement creates a partnership between you and us, nor appoints you as our agent.

If a court finds part of this agreement 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 agreement, we can still enforce it later

Even if we delay in enforcing this agreement, 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 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.

Which laws apply to this agreement and where you may bring legal proceedings

These terms are governed by English law and you can bring legal proceedings in respect of this agreement in the courts of England and Wales.