PLEASE READ CAREFULLY BEFORE DOWNLOADING OR USING THE APP.
- Indigo mobile application software, the data supplied with the software, and the associated media (App); and
- the electronic documents provided by the Appstore from which you downloaded the App (Appstore) in conjunction with the App (Documents).
We license use of the App and Documents to you on the basis of this EULA and subject to any rules or policies applied by the Appstore (Appstore Rules). We do not sell the App or Documents to you. We remain the owners of the App and Documents at all times.
- If you do not agree to the terms of this licence, we will not license the App and Documents to you and you must stop the downloading process now by clicking the “Decline” button. 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 and Documents.
- However, you will lose the right to cancel the transaction once you begin to download the App or Documents.
- This does not affect your consumer rights for an app or documents that are defective.
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 informing you via the Appstore of the change or notifying you of a change when you next start the App or go to download any update which we may issue through the Appstore from time to time. New terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services or download an update.
1.3 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 and described in condition 2.2(a) (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.
1.6 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 Certain Services will make use of location data sent from the 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, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may withdraw this consent at any time by turning off the location services settings for the App on the Device.
1.8 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.
1.9 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
2.2 You may:
(a) download a copy of the App onto a Device to view, use and display the App on the Device for your personal purposes only; and
(b) use the Documents 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 or Documents 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 or Documents;
(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) 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
(f) 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
Please be aware that your dialogue with the App may enter the public domain; e.g. by providing third parties with data. 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 (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; and
(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.
5. Intellectual property rights
5.1 You acknowledge that all intellectual property rights in the App, the Documents 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, the Documents 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.
6. Limited warranty
6.1 We warrant that:
(a) the App will, when properly used and on an operating system for which it was designed, perform substantially in accordance with the functions described in the Documents; and
(b) that the Documents correctly describe the operation of the App in all material respects, for a period of thirty days from the date on which the App is downloaded to the Device (Warranty Period).
6.2 If within the Warranty Period you notify us in writing of any defect or fault in the App as a result of which it fails to perform substantially in accordance with the Documents, you will be entitled to a replacement download of the App for no additional payment.
6.3 The warranty does not apply:
(a) if the defect or fault in the App or any Service results from you having amended the App;
(b) if the defect or fault in the App results from you having used the App in contravention of the terms of this EULA; or
(c) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
6.4 This warranty is in addition to your legal rights in relation to software that is faulty or not as described.
7. Limitation of liability
7.1 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 as described in the Documents meet your requirements.
7.2 We only supply the App and Documents for domestic and private use. You agree not to use the App and Documents for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7.3 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 7.4, 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.
7.4 Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the amount of any payment made by you to us to download the App. This does not apply to the types of loss set out in condition 7.5.
7.5 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.
8.1 We may terminate this EULA immediately by written notice to you if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
8.2 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; and
(c) you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App and Documents then in your possession, custody or control and certify to us that you have done so.
9. Communication between us
9.1 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 to firstname.lastname@example.org . We will confirm receipt of this by contacting you by e-mail.
9.2 If we have to contact you or give you notice in writing, we will do so by e-mail to the address you provide to us in your request for the App.
10. Events outside our control
10.1 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 (without limitation) failure of public or private telecommunications networks (Event Outside Our Control).
10.2 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 endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
11. Other important terms
11.1 You acknowledge that the App may utilize software components and technology from a number of third party companies, including, but not limited to, Microsoft, Google and Nuance Communications Inc. With reference to the latter and specifically where their speech recognition and text to speech technologies are used under license, such use is subject to their End User License Agreement, available at http://www.hello-indigo.com/asr-tts-eula/. You further acknowledge that such third party companies may collect data as a result of your use of the App and be subject to their data use and privacy policies, and that we have no control regarding their collection, storage and use of such data.
11.2 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.
11.3 You may not transfer your rights or obligations under this EULA to another person.
11.4 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.
11.5 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.
11.5 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.