Adam Irvine, (T/A My Business Apps), located at 6 Westwood Road Loose, Maidstone, ME14 6BB, and affiliates (hereon referred to as “My Business Apps”, “Us” or “We”) provides My Business Apps products, services and websites (collectively the “My Business Apps Service”) to you, our customer, and to all other persons authorised by you to use or access the My Business Apps Service on your behalf (collectively “you”), subject to your compliance with all terms, conditions and notices contained or referenced in this document (the “Terms”).
Please read these Terms carefully. By using the My Business Apps Service, you are stating that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you are not permitted to use the My Business Apps Service.
Legal Use Only
You agree not to use the My Business Apps Service to violate any local, state, national, or international law or regulation.
Ownership and Responsibility for Your Apps
My Business Apps does not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials you create, submit or make available for inclusion on or through the My Business Apps Service (your “App Data“). As between My Business Apps and you, you own all rights to your App Data. You agree that you are solely responsible for all of your App Data.
Fees and Billing
(a) User License Fees.
Each user that is registered on the My Business Apps Service is subject to a recurring user licence fee. Set out in your customer rates contract. We license on a per named user (i.e. each individual person by email address) basis by default. We do not allow generic/shared user accounts and we do not offer concurrent (floating) licensing. As such there is no concept of “reusing licenses”, this doesn’t apply given the status-driven, named user nature of our billing. Any non-compliance will be raised with you, and ongoing failures to rectify your user license assignments will result in account suspension.
(b) Subscription and Service Fees.
Any additional subscriptions and/or services that you select are provided at the rates set forth in your agreed customer rates contract.
(c) Invoicing and Automatic Renewal.
My Business Apps bills on the first day of every month (1month in advance) for all existing users and services enabled on your account. We will promptly generate invoices for this billing, and seek payment by bank transfer within 21days of date of invoice. Your My Business Apps licenses, subscription and/or services will automatically renew on the first day of each month until you cancel your account, which is done by emailing our support team.
Optional paid services such additional User Licenses, Custom Mobile Apps, Bolt-ons or features provided by My Business Apps will be charged on a pre-pay basis the day that you sign up for an upgrade and will cover the use of that service until the end of the Month then added to the standard subscription billing you receive monthly.
All funds will be paid in Great British Pounds (GBP).
(d) Value Added Tax, Sales Tax and Other Amounts.
Unless otherwise expressly stated, all fees are exclusive of local value added tax, sales tax, other taxes, duties and charges imposed or levied in connection with these Terms (“Taxes”). My Business Apps will add any such applicable Taxes to your invoices as required by prevailing legislation. Without limiting the foregoing, you will be liable for any new Taxes imposed or levied in any relevant jurisdiction subsequent to commencing your My Business Apps Service account.
(e) Fee Review.
My Business Apps may periodically review fees, at which point My Business Apps may increase or amend any such fee. Such reviews will occur no more than once within a continuous 12 month period. Where there is any net increase in the fees payable, My Business Apps shall give no less than 30 days written notice to you of such increase.
Payment of My Business Apps Fees
The default option for paying My Business Apps fees is by bank transfer. You agree that if your payment is not received by the invoice due date, for any reason, My Business Apps may suspend or cancel your My Business Apps subscription.
Collecting Sensitive Information
You may not use the My Business Apps Service to collect certain types of sensitive information, including but not limited to, credit card information and any type of login credentials. You may collect some sensitive information such as social security numbers or driver’s license numbers, but you are solely responsible for compliance with any data protection and privacy laws and regulations applicable to the sensitive information.
European and United Kingdom Data Collection
If you collect personal data in or from any person resident (or normally resident) in Europe or the United Kingdom, your actions occur under the prevailing EU data protection and privacy regulations and you are likely considered to be a “data controller”. You agree to ensure that your use of the My Business Apps Service is compliant with prevailing EU data protection regulations. Should you qualify as a data controller under prevailing EU data protection and privacy regulations, you also acknowledge and agree to the My Business Apps Data Processing Agreement.
We maintain appropriate technical and operational measures, internal controls, and data security routines intended to protect your data against accidental loss or change, unauthorised disclosure or access, or unlawful destruction. We are not responsible for the security of any data stored on any mobile device owned or controlled by you, your customers or any other Service users.
Privacy and Data Processing
My Business Apps respects the intellectual property rights of others. Accordingly, My Business Apps has a policy of disabling access to any My Business Apps customer that violates copyright law, suspending access to the My Business Apps Service to any user who uses the My Business Apps Service in violation of copyright law, and/or terminating in appropriate circumstances the account of any user or customer who uses the My Business Apps Service in violation of copyright law.
The phrase “My Business Apps” and the My Business Apps logo are registered trademarks. You are not authorised to use any such trademarks unless you have explicit written permission from us. Ownership of all such trademarks and the goodwill associated therewith remains with My Business Apps. Apple, the Apple logo, iPhone, and iPad are trademarks of Apple Inc., registered in the U.S. and other countries and regions. App Store is a service mark of Apple Inc. Google Play and the Google Play logo are trademarks of Google LLC.
You agree that My Business Apps may terminate your My Business Apps Service membership or suspend your access to all or part of the My Business Apps Service, without notice, if My Business Apps determines, in its sole and absolute discretion, that you have violated these Terms. Further, you agree that My Business Apps shall not be liable to you or any third party for removing your apps or suspending or terminating your access to the My Business Apps Service. You may discontinue your participation in and access to the My Business Apps Service at any time, in which case any pre-paid payments are non-refundable and any pending payments must be settled with us.
Modifications to these Terms
My Business Apps may, in its sole and absolute discretion, change these Terms from time to time. My Business Apps will post notice of such changes on the My Business Apps website. If you object to any such changes, your sole recourse shall be to cease using the My Business Apps Service. Continued use of the My Business Apps Service following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Modifications to the My Business Apps Service
My Business Apps reserves the right to modify or discontinue the My Business Apps Service with or without notice to you. My Business Apps shall not be liable to you or any third party should My Business Apps exercise its right to modify or discontinue the My Business Apps Service.
By giving your email address to My Business Apps , you agree to receive administrative, announcements, newsletters, sales, and marketing emails from My Business Apps. You can opt-out from these emails by e-mail request to our contact centre.
Links, Content and Resources
My Business Apps provision of a link to My Business Apps resources and/or any other website or internet resource is for your convenience only and does not signify My Business Apps endorsement of such other web site or resource or its contents. My Business Apps shall have no responsibility or liability for any information, software, or materials found at any other web site or internet resource.
Delivery of Emails, Notifications and Other Messages
My Business Apps goes to great lengths to ensure successful delivery of emails, push notifications and other messages generated on or by the My Business Apps Service, however we do not guarantee successful delivery of these. You agree that My Business Apps cannot be held responsible for any consequences of such delivery failure. This is because delivery is not solely controlled by My Business Apps and is subject to a number of points of failure which can prevent delivery.
You agree that access to the My Business Apps Service is reliant upon various factors outside of My Business Apps’s control, including, without limitation, your internet service provider, global telecommunications links, our hosting and other service providers, and other factors which may impact upon the availability of the My Business Apps Service. While we will use all reasonable endeavours to ensure that you have continuous access to the My Business Apps Service and apps created thereon, we will not be liable to you or any other person for any loss or damage caused by unavailability of the My Business Apps Service.
Disclaimer of Warranties
You understand and expressly agree that use of the My Business Apps Service is at your sole risk. The My Business Apps Service is provided on an “as is” and “as available” basis. My Business Apps expressly disclaims all warranties of any kind, whether express or implied, with respect to the My Business Apps Service (including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, and non-infringement). My Business Apps makes no warranty that the My Business Apps Service will meet your requirements, or that the My Business Apps Service will be uninterrupted, timely, secure, or error free. You understand and agree that any material and/or information downloaded or otherwise obtained through the use of My Business Apps is done at your own discretion and risk and that you will be solely responsible for any damage or consequential losses arising therefrom. No advice or information, whether oral or written, obtained by you from My Business Apps or through the My Business Apps Service shall create any warranty not expressly made herein.
Limitation of Liability
You understand and expressly agree that, to the extent permitted under applicable law, in no event will My Business Apps or its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, or licensors be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, or other intangible losses (even if such parties were advised of, knew of, or should have known of the possibility of such damages), resulting from your (or anyone using your account’s) use of the My Business Apps Service.
Resolution by Arbitration
This agreement requires the use of arbitration on an individual basis to resolve disputes, rather than injunctive legal actions, jury trials or class actions, and also limits the remedies available to you in the event of a dispute.
Exclusions And Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations and disclaimers in these Terms may not apply to you. To the extent that My Business Apps may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of My Business Apps liability shall be the minimum permitted under such applicable law. Unless expressly provided otherwise, the limitation of liability shall not exceed the amount of the fees paid by you to use for the provision of the My Business Apps Service.
You agree to indemnify, defend, and hold harmless My Business Apps, its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys. fees) that such parties may incur as a result of or arising from (a) any information (including, without limitation, your Submissions or any other content) you (or anyone using your account) submits, posts, or transmits through the My Business Apps Service, (b) your (or anyone using your account’s) use of the My Business Apps Service, (c) your (or anyone using your account’s) violation of these Terms, and (d) your (or anyone using your account’s) violation of any rights of any other person or entity.
You may not sign up to the My Business Apps site or service if you are currently employed by, or otherwise associated with, one of our identified competitors. This is to protect us against violation of intellectual property and to protect you from potential litigation by My Business Apps.These Terms constitute the entire and exclusive and final statement of the agreement between you and My Business Apps with respect to the subject matter hereof and supersede any prior agreements or negotiations between you and My Business Apps with respect to the subject matter hereof. These Terms and the relationship between you and My Business Apps shall be governed by the laws of the United Kingdom as applied to agreements made, entered into, and performed entirely in the United Kingdom by United Kingdom residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the My Business Apps Service shall be brought before a court of competent jurisdiction located in the United Kingdom and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of My Business Apps to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavour to give effect to the intentions of My Business Apps and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the My Business Apps Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. All terms, as well as any limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the My Business Apps Service.