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End-User Licence Agreement

Last updated: 11 January 2021

Please read this End-User Licence Agreement carefully before clicking the “I Agree” button, downloading or using eLocker.

Interpretation and definitions

The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural. For the purposes of this Agreement:

  • Agreement means this End-User Licence Agreement that forms the entire agreement between You and the Company regarding the use of the Application.
  • Application means the software program provided by the Company downloaded by You through an Application Store’s account to a Device, named eLocker.
  • Application Store means the digital distribution service operated by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) by which the Application has been downloaded to your Device.
  • Company (referred to as “the Company”, “We”, “Us” or “Our”) refers to eLocker Limited.
  • Content refers to content such as text, images or other information that can be posted, uploaded, linked to or otherwise made available by You.
  • Country refers to the United Kingdom.
  • Device means any device that can access the Application, such as a computer, a cellphone or a digital tablet.
  • Third-Party Services means any services or content provided by a third party that may be displayed, included or made available by the Application.
  • You means the individual accessing or using the Application, or the company or other legal entity on behalf of which such individual is accessing or using the Application.

Acknowledgment

By clicking the “I Agree” button, downloading or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree, do not click “I Agree”, do not download and do not use the Application. This Agreement is a legal document between You and the Company and it governs your use of the Application.

This Agreement is between You and the Company only and not with the Application Store; the Company is solely responsible for the Application and its content. The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.

Licence

Scope of licence

The Company grants You a revocable, non-exclusive, non-transferable, limited licence to download, install and use the Application strictly in accordance with the terms of this Agreement. You may only use the Application on a Device that You own or control and as permitted by the Application Store’s terms and conditions.

Licence restrictions

You agree not to, and You will not permit others to:

  • licence, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make it available to any third party;
  • modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application;
  • remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or licensors.

Intellectual property

The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights, are and shall remain the sole and exclusive property of the Company.

Your suggestions

Any feedback, comments, ideas, improvements or suggestions provided by You to the Company with respect to the Application shall remain the sole and exclusive property of the Company, which may use them for any purpose without credit or compensation to You.

Modifications to the Application

The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You.

Updates

The Company may from time to time provide enhancements or improvements, which may include patches, bug fixes, updates, upgrades and other modifications. Updates may modify or delete certain features. You agree that the Company has no obligation to provide any Updates or to continue to provide any particular features, and that all updates form an integral part of the Application and are subject to this Agreement.

Maintenance and support

The Company does not provide any maintenance or support for the download and use of the Application. To the extent that any maintenance or support is required by applicable law, the Company, not the Application Store, shall be obligated to furnish it.

Third-party services

The Application may display, include or make available third-party content or provide links to third-party websites or services. You acknowledge that the Company shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency or quality. You must comply with applicable third parties’ terms when using the Application, and you access and use them entirely at your own risk.

Privacy Policy

The Company collects, stores, maintains and shares information about You in accordance with our Privacy Policy. By accepting this Agreement, You acknowledge that You agree and consent to the terms and conditions of our Privacy Policy.

Term and termination

This Agreement shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice, if you fail to comply with any provision. You may also terminate it by deleting the Application and all copies from your Device. Upon termination, You shall cease all use of the Application and delete all copies.

Indemnification

You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your use of the Application, your violation of this Agreement or any law or regulation, or your violation of any right of a third party.

No warranties

The Application is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company expressly disclaims all warranties, whether express, implied, statutory or otherwise, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. The Company makes no representation that the Application will meet your requirements, achieve any intended results, be compatible with any other software or systems, operate without interruption, meet any performance or reliability standards, or be error free.

Limitation of liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement, and your exclusive remedy, shall be limited to the amount actually paid by You for the Application or 100 USD if You haven’t purchased anything through the Application. To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect or consequential damages whatsoever (including loss of profits, loss of data, business interruption, personal injury or loss of privacy) arising out of or in any way related to the use of or inability to use the Application.

Severability and waiver

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish its objectives to the greatest extent possible, and the remaining provisions will continue in full force and effect. The failure to exercise a right or require performance of an obligation shall not affect a party’s ability to do so thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Product claims

To the extent You have any claim arising from or relating to your use of the Application, the Company, not the Application Store, is responsible for addressing it, which may include product liability claims, claims that the Application fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation.

Changes to this Agreement

The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. By continuing to access or use the Application after revisions become effective, You agree to be bound by the revised terms.

Governing law

The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national or international laws.

Entire agreement

The Agreement constitutes the entire agreement between You and the Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements. You may be subject to additional terms and conditions that apply when You use or purchase other Company services.

Contact us

If you have any questions about this Agreement, you can contact us by email at compliance@elocker.com.