Terms & Conditions

Summary

In short:
• You can use the App as long as you want. Just don't do something you know you shouldn't
• That no App is completely secure and we can not always guarantee the safety of your information (although we will always try our hardest to do so)
• That the rights to the App will always belong to Urban Cloud Network Limited
• That we are not responsible if something bad happens on the App (but we are willing to help out as much as we can)
• That if you are irresponsible you may lose access to your account (we do not want to do this but if you are not respectful of everyone else we may have to)
• If you need to get in touch with us contact: [email protected]
• You should look at the full version of these terms for greater guidance
• These terms may be updated occasionally but do not worry we will let you know if they are

END USER LICENCE AGREEMENT

PLEASE READ CAREFULLY BEFORE DOWNLOADING OR STREAMING THE APPLICATION. 
This end-user licence agreement (EULA) is a legal agreement between you (End-user or you) and Urban Cloud Network Limited of 3rd Floor, 207 Regent Street, London, England, W1B 3HH (Licensor, us or we) for Waffle Version 1.0.4 mobile application software, the data supplied with the software, and the associated media (App.).
 
We licence use of the App to you on the basis of this EULA and subject to any rules or policies applied by any App Store provider or operator from whose site (App Store), the End-user downloaded the App (Appstore Rules). We do not sell the App to you. We remain the owners of the App at all times.

Operating system requirements This App requires an Apple iPhone device with a minimum of 80 megabytes of memory, Internet access and the Apple iOS operating system version 8 or later. 

Important notice: 
• By downloading the App from the Appstore or clicking on the "Accept" button below you agree to the terms of the licence which will bind you. The terms of the licence include, in particular, the privacy policy defined in condition 1.5 and limitations on liability in condition 6. 
• If you do not agree to the terms of this licence, we will not license the App to you and you must stop the downloading process now by clicking on the "Cancel" button below. In this case the downloading process will terminate. 
• As a consumer, you have the right to withdraw from your transaction without charge and without any reason before downloading the App. 
• However, you will lose the right to cancel the transaction once you begin to download or stream the App. 
• This does not affect your consumer rights for an App that is defective. 

You should print a copy of this EULA for future reference. 

AGREED TERMS 
1. ACKNOWLEDGEMENTS 
1.1 The terms of this EULA apply to the App or any of the services accessible through the App (Services), including any updates or supplements to the App or any Service, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this EULA.
1.2 We may change these terms at any time by sending you an email with details of the change or notifying you of a change when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services. 
1.3 From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms. 
1.4 You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you (Devices) and to download or stream a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
1.5 The terms of our privacy policy from time to time, available at www.waffleapp.co (Privacy Policy) are incorporated into this EULA by reference and apply to those Services that are not specified in condition 1.6 as having separate privacy policies. Additionally, by using the App or any Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand 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. 
1.6 By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
1.7 The App or any Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them. 
1.8 Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words. 

2. GRANT AND SCOPE OF LICENCE 
2.1 In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use the App on the Devices, subject to these terms, the Privacy Policy, the Acceptable Use Policy, and the Appstore Rules, incorporated into this EULA by reference. We reserve all other rights. 
2.2 You may download or stream a copy of the App onto an unlimited number of iPhone devices and view, use and display the App on the Devices for your personal purposes only.

3. LICENCE RESTRICTIONS 
Except as expressly set out in this EULA or as permitted by any local law, you agree: 
(a) not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security; 
(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App; 
(c) not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs; 
(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
(i) is used only for the purpose of achieving inter-operability of the App with another software program; 
(ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and 
(iii) is not used to create any software that is substantially similar to the App;
(e) to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
(f) to include our copyright notice on all entire and partial copies you make of the App on any medium; 
(g) not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and 
(h) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (Technology),

together Licence Restrictions. 

4. ACCEPTABLE USE RESTRICTIONS 
You must: 
(a) not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system; 
(b) not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material (to the extent that such use is not licensed by this EULA); 
(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service; 
(d) 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; 
(e) 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; and 
(f) comply at all times with the Acceptable Use Policy

5. INTELLECTUAL PROPERTY RIGHTS 
5.1 You acknowledge that all intellectual property rights in the App and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App or the Technology other than the right to use each of them in accordance with the terms of this EULA. 
5.2 You acknowledge that you have no right to have access to the App in source-code form. 
5.3 The integrity of this App is protected by technical protection measures (TPMs) so that the intellectual property rights, including copyright, in the App are not misappropriated. You must not attempt in any way to remove or circumvent any such TPM, nor apply or manufacture for sale or hire, import, distribute, sell or let for hire, offer or expose for sale or hire, advertise for sale or hire or have in your possession for private or commercial purposes any means the sole intended purpose of which is to facilitate the unauthorised removal or circumvention of such TPM, provided that you may remove TPMs to the extent necessary for the purpose of exercising your rights under condition 3(a) or condition 3(d) 

6. LIMITATION OF LIABILITY 
6.1 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements. 
6.2 We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity which you may suffer as a result of using the App for private or commercial use. You agree not to use the App for resale purposes. 
6.3 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence up to the limit specified in condition 6.4, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you the EULA. 
6.4 Save in respect of the types of loss set out in condition 6.5, we shall not be liable under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise. 
6.5 Nothing in this EULA shall limit or exclude our liability for: 
(a) death or personal injury resulting from our negligence; 
(b) fraud or fraudulent misrepresentation; and 
(c) any other liability that cannot be excluded or limited by English law. 

7. TERMINATION 
7.1 We may terminate this EULA immediately by written notice to you: 
(a) if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; 
(b) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions and/or the Acceptable Use Policy. 
7.2 This EULA will terminate automatically if you request your account be deleted from Waffle's data store(s). Deletion is forever. When you delete a message or your account we will ensure that your data can never be recovered by us or anyone else. 
7.3 On termination for any reason: 
(a) all rights granted to you under this EULA shall cease; 
(b) you must immediately cease all activities authorised by this EULA, including your use of any Services; 
(c) you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control and certify to us that you have done so. 

8. COMMUNICATION BETWEEN US 
8.1 If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail or by prepaid post to Urban Cloud Network Limited at 3rd Floor, 207 Regent Street, London, England, W1B 3HH and/ or to [email protected] We will confirm receipt of this by contacting you in writing, normally by e-mail. 
8.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your request for the App. 

9. EVENTS OUTSIDE OUR CONTROL 
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control). 
9.2 If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA: 
(a) our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and 
(b) we will use our reasonable endeavors to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control. 

10. OTHER IMPORTANT TERMS 
10.1 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA. 
10.2 You may only transfer your rights or obligations under this EULA to another person if we agree in writing. 
10.3 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. 
10.4 Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. 
10.5 Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. 

11. OUR RIGHT TO VARY THESE TERMS 
11.1 We may revise these Terms from time to time including, without limitation, in the following circumstances: 
• changes in how we accept payment from you; or 
• changes in relevant laws and regulatory requirements. 

For any and all other changes to these terms a panel of the most active users on Waffle will be required to give their consent before these changes may be enacted (to maintain and respect the rights of our users and to ensure that they feel safe that changes will not be made without their consent).