1.4 We may make changes to our Websites and Apps. We may update and make changes to our Websites and Apps from time to time to reflect changes to our business and users needs and any other reason. Significant changes to the Apps will be detailed in the release note therefore, please always read the release notes before updating the Apps. If you do not wish to receive the changes you should ensure that automatic updates are disabled.
If you do not accept the notified changes you may continue to use the App in accordance with the existing terms but certain new features may not be available to you.
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 first installed it.
1.5 We may withdraw or suspend our Websites and Apps. Our Websites are made available free of charge.
We do not guarantee that our Website, or any content on them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
Besides these terms, our Privacy Policy and Cookie Policy also apply.
We may collect personal and technical data about your use of our Apps and Websites as set out in our Privacy and Cookie policies and by using our Apps and Websites you confirm your agreement to these policies.
Please note that internet transmissions are never completely private or secure and that any message or information you send using the Apps or Websites may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Our tradename, Runloop Ltd., trade marks, App names and marks and intellectual property rights in the Apps and Websites are owned by us. You are not permitted to use these without our prior and express approval, other than as set out below in these terms. The rights in the Apps and Websites are licensed to you. You have no intellectual property rights in, or to, the Websites and Apps other than the right to use them in accordance with these terms.
Where our Websites and Apps 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 or information you may obtain from them.
We have no control over the contents of those sites or resources.
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.
By using our Websites you accept these terms and you agree to comply with these terms.
If you do not agree to these terms, you must not use our Websites.
We recommend that you print a copy of these terms for future reference.
6.1 Our Websites are only for users in the United Kingdom
Our Websites are directed to people residing in the United Kingdom. We do not represent that content available on or through our Websites is appropriate for use or available in other locations.
6.2 How you may use material on our Websites
We are the owner or the licensee of all intellectual property rights in our Websites, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Websites for your personal use and you may draw the attention of others within your organisation to content posted on our Websites.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Websites must always be acknowledged.
You must not use any part of the content on our Websites for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our Websites in breach of these terms of use, your right to use our Websites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
6.3 Do not rely on information on our Websites
The content on our Websites is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Websites.
Although we make reasonable efforts to update the information on our Websites, we make no representations, warranties or guarantees, whether express or implied, that the content on our Websites is accurate, complete or up to date.
6.4 User-generated content is not approved by us
Our Websites may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our Websites do not represent our views or values.
If you wish to complain about information and materials uploaded by other users please contact us by email.
6.5 Uploading content to our Websites
Whenever you make use of a feature that allows you to upload content to our Website, or to make contact with other users of our Website, you must comply with our content standards as follows:
You may use our site only for lawful purposes. You may not use our Website:
You also agree:
6.6 Interactive services
We may from time to time provide interactive services on our Websites, including, without limitation:
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our Websites, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Websites, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is not permitted.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise. Please also refer to any additional Moderating Guidelines if interacting on our Support Pages on our Websites.
6.7 Content standards
These content standards apply to any and all material which you contribute to our Websites (Contribution), and to any interactive services associated with it.
The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
Runloop Ltd. will determine, in its discretion, whether a Contribution breaches the Content Standards.
A Contribution must:
A Contribution must not:
6.8 Breach of content standards
When we consider that a breach of clause 6.7 has occurred, we may take such action as we deem appropriate.
Failure to comply with this clause 6.7 constitutes a material breach of these terms upon which you are permitted to use our Website, and may result in our taking all or any of the following actions:
We exclude our liability for all action we may take in response to your breaches of this clause 6. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
You warrant that any such Contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our Websites will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our Websites a limited licence to use, store and copy that content and to distribute and make it available to third parties.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our Websites if, in our opinion, your post does not comply with the content standards set out in clause 6.7.
You are solely responsible for securing and backing up your content.
6.9 We are not responsible for viruses and you must not introduce them
We do not guarantee that our Websites will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our Websites. You should use your own virus protection software.
You must not misuse our Websites by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our Websites. You must not attack our Websites via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
6.10 Rules about linking to our Websites
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our Websites in any website that is not owned by you.
Our Websites must not be framed on any other site, nor may you create a link to any part of our Websites other than the home page.
We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out at clause 6.7.
If you wish to link to or make any use of content on our Websites other than that set out above, please contact us by email.
By installing and using our Apps you are agreeing to these terms.
7.1 Apple and Google Play’s terms also apply.
The ways in which you can use the Apps may also be controlled by our App providers, Apple and GooglePlay’s rules and policies.
7.2 Operating System Requirements
For iOS devices (i.e. created by Apple Inc.), our App Seconds is available for iPhone, iPad & Apple Watch, running iOS 9.3 or later. Our App HeavySet, is available for iPhone running iOS 10 or later. For Android devices, Seconds is available for phones or tablets running Android version 4.0.3 or later.
7.3 Support for the Apps and how to tell us about problems
Support. If you want to learn more about the Apps or have any problems using them please take a look at our Support website.
Contacting us (including with complaints). If you think the Apps are faulty or misdescribed or wish to contact us for any other reason please email us.
How we will communicate with you. If we have to contact you we will do so by email, by SMS or, by post, using the contact details you have provided to us.
7.4 How you may use the Apps, including how many devices you may use it on
In return for your agreeing to comply with these terms you may:
7.5 You may not transfer the App to someone else
We are giving you personally the right to use the Apps. Whilst you may have sharing rights as set out above, you may not otherwise transfer the Apps to someone else, whether for money, for anything else or for free. If you sell any device on which the Apps are installed, you must remove the Apps from it prior to giving the device(s) to the new owner.
7.6 If someone else owns the phone or device you are using.
If you download or stream the Apps 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.
7.7 We may collect location data (but you can turn location services off)
Our App providers may 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 Apps 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 and road traffic-based products and services.
7.8 Licence restrictions
You agree that you will:
not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services 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 Apps to obtain the information necessary to create an independent program that can be operated with the Apps or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
7.9 Acceptable use restrictions
You must:
7.10 Check that the Apps are suitable for you.
The Apps have not been developed to meet your individual requirements. Please check that the facilities and functions of the Apps (as described on the appstore site) meet your requirements.
7.11 We are not responsible for events outside our control.
If our provision of the Apps or support for the Apps is delayed by an event outside our control then we will take steps to minimise the effect of the delay. You will not be entitled to any refund as the Apps are provided free of charge.
7.12 We may end your rights to use the Apps if you break these terms
We may end your rights to use the Apps 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 Apps:
Whether you are a consumer or a business user:
If you are a business user:
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
In particular, we will not be liable for:
If you are a consumer user:
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 of these terms.
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.
If you are a user of our Apps and Websites or any other services we may provide, please note these terms, their subject matter and their formation, are governed by English law. We both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.