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By using the Yepic app, you are agreeing to these licence terms.
Who we are and what this agreement does
We (“we” or “us”) are Morpheus Limited (a Jersey company incorporated under the Companies (Jersey) Law 1991 with registered number 131355 and registered office address at Ordnance House, 31 Pier Road, St Helier, Jersey, JE4 8PW, Channel Islands.
We licence you to use the following as permitted in these terms:
- The mobile application software, the data supplied with the software, the App and any updates or supplements to it.
- The related online OR electronic documentation (“Documentation”).
- The service you connect to via the App and the related content we provide to you.
Your Privacy
Under data protection legislation, we are required to provide you with certain information, including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our privacy policy, and it is important that you read that information.
Google Play and/or Apple Appstore terms also apply
The ways in which you can use the Yepic App and Documentation may also be controlled by the Google Play rules and policies and Apple App Store's rules and policies, will apply instead of these terms where there are differences between the two.
Operating System Requirements
The Yepic App requires either an Android device running a minimum of Android 8, or an iPhone running a minimum of iOS 13.
Contacting us (including complaints)
You can contact us regarding the App, using the methods below;
Name of Company: Morpheus Limited
Email address: privacyandterms@morpheushq.com
Postal address: 141 Farmer Ward Road, Kenilworth, Warwickshire, CV8 2SU
Telephone number:0333 090 4380
How we will communicate with you
If we have to contact you, we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.
How you may use the app
In return for your agreeing to comply with these terms, you may:
- Download or stream a copy of the App onto and view, use and display the App on such devices for your personal purposes only.
- Use any Documentation to support your permitted use of the App.
- Receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.
- You must be 16 or over to accept these terms and download the App (and if under 18, have the consent of your parent/guardian).
- You may not transfer the App to someone else.
- When creating an account on the App, this account is for your individual usage and should not be shared with anyone else.
- When creating an account, you are responsible for providing true, accurate and up to date information.
- Agree that the use of the App is limited for use within the UK.
We are giving you as an individual the right to use the App 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.
Content
The App allows you to post, link, store and share information, text, graphics, video, or material (“Content”). You are responsible for the content you post to the App and its legality, reliability and appropriateness.
By posting Content to the App, you grant us the right and licence to use, modify, perform, display and reproduce such Content on and through the App.
You retain any and all rights to the Content you submit, post, share or display on the App, and you are responsible for protecting those rights.
Changes to these terms
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 SMS or Push Notification, notifying you of a change. If you do not accept the notified changes, you will not be permitted to continue to use the App and the Service.
Updates to the app
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 and/or the App performance may be hindered. The App will 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 someone else owns the phone or device you are using
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.
We are not responsible for other websites you link to
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.
Licence Restrictions
You agree that you will:
Except in the course of permitted sharing (see how you may use the app) not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from us;
Not copy the App, Documentation, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
Not merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or permit the App or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
Not disassemble, decompile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
- Is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
- Is not used to create any software that is substantially similar in its expression to the App;
- Is kept secure; and
- Is used only for the Permitted Objective;
- Comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App.
Intellectual property rights
All intellectual property rights in the App, the Documentation throughout the world belong to us (or our licensors), and the rights in the App are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation other than the right to use them in accordance with these terms.
Our responsibility for loss or damage suffered by you
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
If you are using this app for business purposes, we will have no liability to you for any use of, or inability to use, our site; or use of or reliance on any content displayed on our site, loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the app
The App is provided for business and commercial purposes in relation to; i) recording and documenting your activity, work and related information and using this information to help you manage your business, ii) connecting you with other trades and customers by us using the data and information your provide to help you connect with others, iii) partnering with other companies in order to provide other goods and services to you. The App does not offer 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. 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 or the Service.
Check that the app are suitable for you
The App has not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the Appstore site and in the Documentation) meet your requirements.
We are not responsible for websites the app may link to
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites, information you may obtain from them, or any goods or services purchased by you from them.
We have no control over the contents of those sites or resources or the goods or services purchased by you from these sites and shall not be liable for any losses you may suffer in relation to any such use.
We are not responsible for events outside our control
If our provision of the Services 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. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay, you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
We may end your rights to use the app if you break these terms
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:
- You must stop all activities authorised by these terms, including your use of the App.
- You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have, and confirm to us that you have done this.
- We may suspend and/or close your account and cease providing you with access to the App.
We may transfer this agreement to someone else
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 need our consent to transfer your rights to someone else.
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
No rights for third parties
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.
If a court finds part of this contract illegal, the rest will continue in force.
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 this contract, 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 this contract, 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.
Which laws apply to this contract, and where you may bring legal proceedings.
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.