We are Soultime Media Limited, a company registered in England and Wales with company number 10890799. Our registered office address is 42 Newmarket Road, Cambridge, England, CB5 8EP.
These terms and conditions set out the basis on which we provide a license to you to use our Soultime version [1.0] mobile application software (“App”) and any updates or supplements to it for which you are entitled, including any guidance any guidance information on www.soultime.com (“our website”), the extent of which will depend on whether or not you have signed up to a Subscription with us for the purposes of your use of the App.
Further details of the App can be found on our website.
On downloading the App you will be entitled to a limited amount of content. To release the full range of content you must sign up to a subscription which can be purchased either monthly, yearly or as a Lifetime Subscription.
Once you have downloaded the App, a Soultime Lifetime Membership will allow you to access all of the content available on the App for as long as the App and the content are available. Without a Lifetime Membership or one of our other Subscriptions you will only be entitled to a limited amount of the content of the App. We do not warrant or represent that the App or its content will continue to be available for any length of time. When you download the App and sign up to Lifetime Membership subscription you do so on the basis that you acknowledge and agree that the App or its content could change or terminate at any time.
Please be aware that internet transmissions are never completely private or secure and that any message or information you provide using the App may potentially be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
The ways in which you can use the App may also be controlled by the rules and policies for The App Store and Google Play Store (the “app store”) These rules and policies will apply instead of these terms where there are differences between the two.
This app requires a [Smartphone] device with a minimum of [50 mb] of memory and either an Android (version(s) [5.5]) or IOS (version(s) ) operating system .
Contacting us (including with complaints).If you think the App is faulty or misdescribed or wish to contact us for any other reason please email us at email@example.com.
How we will communicate with you If we have to contact you we will do so by email, through the features of the App, by SMS or by pre-paid post, as we see fit, using the contact details you have provided to us.
In return for your agreeing to comply with these terms you may:
You must be 18 to accept these Terms and buy a Subscription to the App.
You may not transfer the app to someone else
We are giving you personally the right to use the App as set out above in the section ‘how you may use the App’. Whilst you may have sharing rights as set out above, you may not otherwise transfer the App 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.
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 notice of any change by sending you an email 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.
From time to time we may automatically update the App 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.
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 you download or stream 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.
By using the App, 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.
Our App will 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 for the App on the device. If you use these services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based products and services.
You may stop us collecting such data at any time by turning off the location services settings through your phone’s settings.
The App 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:
All intellectual property rights in the App throughout the world belong to us and the rights in the App are licensed (not sold) to you. You have no intellectual property rights in, or to, the App other than the right to use them in accordance with these terms.
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.
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.
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. The App, and the content provided through the App, is provided for general information purposes only. We are not a provider of, and take no responsibility for, healthcare, psychological diagnosis, psychological treatment or any similar and related activity beyond the provision of the App.
The App is not intended to be used for the provision of healthcare and it is not intended to be used as a, or form part of, a medical device. The App should not be used, or relied upon, for psychological diagnosis, psychological treatment or any similar or related activity. We do not offer information or 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.
We are not responsible for your physical or emotional state as a result of your use, or reliance on, the App.
Although we make reasonable efforts to update the information provided by the App, 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.
Check that the App is suitable for you. The App has not been developed to meet your individual requirements. Please check that the facilities and functions of the App (as described on the app store) meet your requirements.
We are not responsible for events outside our control. If our provision of the App or support for the App 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.
We may end your rights to use the App 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:
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 may only transfer your rights or your obligations under these terms to another person if we agree in writing.
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.
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 these terms, 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 these terms, 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.
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider, such as CEDR. You can submit a complaint to CEDR via their website at www.cedr.com.