PLEASE READ THESE LICENCE TERMS CAREFULLY

BY SETTING UP AN ACCOUNT WITH US AND/OR USING AND ACCESSING THE SERVICE YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS. THESE TERMS APPLY AND GOVERN YOUR USE OF CHECKMATEAPP LTD’S MOBILE APPLICATION AND ARE A BINDING LEGAL AGREEMENT BETWEEN YOU AND CHECKMATEAPP LTD AS OF THE DATE YOU AGREE TO BE BOUND BY THESE TERMS.

IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD STOP USING THE APP AND SERVICE IMMEDIATELY.

WHO WE ARE AND WHAT THIS AGREEMENT DOES

We, CHECKMATEAPP LTD, (incorporated and registered in England and Wales with company number 15140589 and whose registered office is at Windingwood Farm, Ash Green Lane East, Ash Green, United Kingdom, GU12 6JA) and any successor entity grants you a limited, recoverable, personal, non-transferable and non-exclusive license to download, install, access and use:

CheckmateApp mobile application software, the data supplied with the software, (App) and any updates or supplements to it.
The related online electronic documentation (Documentation).

YOUR PRIVACY

We only use any personal data we collect through your use of the App and the Service in the ways set out in our privacy policy (https://checkmateapp.co/privacy-policy/).

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Checkmateapp Limited reserves the rights to use pseudonyms and different imagery for our consumers testimonials in order to protect their identities. Names and picture content might not reflect the actual name and image of the person we are referring to within our content.

ACCOUNT

To make use of the Services on our App, we require you to set up an account with us (Account).

You will be prompted to set up an Account when first enter the App. The information you provide us must be accurate. We reserve the right to request any additional information from you that may be required to manage your Account and to impose any other conditions in connection with the Service subject to prior notification of such conditions to you and your acceptance of the same. Your continued use of our App after receiving this notification will be treated as an acceptance for this purpose.

If your details change after your Account has been registered, you must update them by accessing your Account through our App. You are obliged under these terms to keep details of your Account (including your password) secure and not share them with anyone else. You must not enable others to access your Account.

If you choose, or you are provided with, a user identification code, password or any other information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of these Terms, or for security reasons or where we have a right to terminate your access.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at contact@checkmateapp.co and we will look to reset the relevant account details concerned.

It is at our sole discretion to refuse registration of an Account to any individual or entity to ensure compliance with these terms and adhere to any other law, regulations or licences.

THE APP STORE’S TERMS ALSO APPLY

The ways in which you can use the App, Service and Documentation may also be controlled by the Apple iTunes Store’s (Apple devices) or the Google Play’s (Android devices) rules and policies. A direct link to the relevant app store’s rules and policies can be located below:

Apple iTunes Store iTUNES STORE – TERMS AND CONDITIONS (apple.com)
Google Play Google Play Terms of Service
In the event of any conflict or inconsistency between the relevant app store’s rules and policies and these terms, the app store’s rules and policies will prevail.

OPERATING SYSTEM REQUIREMENTS

This app requires a mobile device (smartphone or tablet) that is less than 4 years old, with a minimum of 2GB RAM and 8GB storage, plus the Apple iOS or Android KitKat operating system that is within current support by Apple and Google (or any OS version subsequently adopted by Apple or Google Android)

We are unable to guarantee that the App will be compatible with your device. Your standard data and messaging rates will apply when using the app.

SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS

Support. If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at checkmateapp.co or contact us using any of the details set our below or on our “Contact Us” page (https://checkmateapp.co/contact-us/).

Contacting us (including with complaints). If you think the App or the Service are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at contact@checkmateapp.co or refer to our “Contact Us” page on our website (https://checkmateapp.co/contact-us/).

HOW YOU MAY USE THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON

In return for your agreeing to comply with these terms you may:

use any Documentation to support your permitted use of the App and the Service.

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 18 TO ACCEPT THESE TERMS

You must be 18 or over to accept these terms and use the Service and Documentation.

YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE

We are giving you personally the right to use the App, the Service and Documentation as set out above under the heading of “HOW YOU MAY USE THE APP”. You are not permitted to transfer or share the App or the Service to or with someone else, whether for money, for anything else or for free. If you sell or gift any device on which the App is installed, you must remove the App from it.

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 and/or services which we introduce.

As the features to our App and/or the Service may change regularly, you may not receive prior notice of any change to these terms and your continued use of the App shall be treated as acceptance to our updated terms. We will give you notice in advance of any material change to these terms by notifying you of a change when you next start the App whereby you will be prompted to review and explicitly agree to or reject our updated terms. Any change to these terms will be effective as at the time you agree to our updated terms.

If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.

UPDATE TO THE APP AND CHANGES TO THE SERVICE

We do not guarantee that our App, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our App for business and operational reasons. We will try to give you holders reasonable notice of any planned suspension or withdrawal.

From time to time, we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. We may also update the app to ensure compatibility and functionality with the operating system of devices when the provider of such operating system updates their systems. Alternatively, we may ask you to update the App for these reasons, and you should always use and refresh your device, so it is updated with the latest operating system.

We will give you notice in advance of any material change to the App that affects its functionality or user experience by sending you a Push Notification. We may also prompt you to update the App via Push Notification and/or when you next start the App. If you choose not to install such updates or fail to update your device you may not be able to continue using the App and the Service. 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 downloaded and installed the App on to your device.

We retain the right to change, suspend or discontinue part or all of the Service and Documentation at any time, including the availability of any product, feature or database. We may also impose limits your access to part or all of the Service or External Services through your use of the App without notice or liability.

IF ANOTHER PERSON OR ENTITY 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 MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE

By using the App or any of the Service, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Service to you.

WE MAY COLLECT LOCATION DATA (BUT YOU CAN TURN LOCATION SERVICES OFF)

The Service will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location service settings for the App on the device. If you use the Service, 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.

If you choose to turn off the location service settings for the App, we will not be liable for how this may impact your experience when using our App or its functionality.

You may stop us collecting such data at any time by turning off the location services settings on your device. Please refer to the device manufacturers guidance on turning off location services.

WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO

The App or any Service may contain links to other independent websites which are not provided by us, including those of third-party Vendors whose information is contained on our App. These 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.

CONSENT TO USE ELECTRONIC COMMUNICATION

By accepting these terms, you authorise CHECKMATEAPP LTD to send you push notifications or any other form of electronic communication directly to you through the App (collectively, “Push Notifications”). Push Notifications are a way for us to provide you information and alerts associated with your use of the App and/or the Service. You may stop receiving Push Notifications by turning off the notification settings on your device (please consult the manufacturer’s guidance manual for your particular device).

LICENCE RESTRICTIONS

You agree that you will:

not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Service in any form, in whole or in part to any person without prior written consent from us;
not copy the App, Documentation or Service, 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 translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Service nor permit the App or the Service 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 Service on devices as permitted in these terms;
not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Service 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 our 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 or any Service.
Not commercially exploit the app and the services or directly or indirectly whether yourself or in conjunction with anyone else in any capacity use the App and or services to create competing product services or an app which you or anyone else will commercially exploit.

ACCEPTABLE USE RESTRICTIONS

You must:

not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
not transmit or upload any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
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
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.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the App, the Documentation and the Service throughout the world belong to us and the rights in the App and the Service are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Service other than the limited 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. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to the App and the Service. The App and the Service are provided for general information and entertainment purposes only. They do 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 or the Service. This extends to any use of or information relating to External Services which we recommend, promote or market through the App. Although we make reasonable efforts to update the information provided by the App and the Service, 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 and the Service are suitable for you. The App and the Service have not been developed to meet your individual requirements. Please check that the facilities and functions of the App, the Service (as described on the app store site and in the Documentation) and any External Services meet your requirements.

We are not responsible for events outside our control. If our provision of the Service or support for the App or the Service 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. 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. For the avoidance of doubt, we are not liable for delays to External Services which are caused by an event outside our control and we are not responsible for notifying you of any delay to External Services nor take steps to minimise the effect of the delay to External Services.

Nothing in these terms shall limit or exclude our liability for:

death or personal injury directly caused by our negligence, or the negligence of anyone who provides the services on our behalf and who are under our control provided they are properly providing such services as authorised by us;
fraud or fraudulent misrepresentation;
any other matter in respect of which it would be unlawful for us to exclude or restrict liability.

Nothing in these terms shall reduce modify limit or exclude any consumer statutory rights available to a user where the user is a consumer.

WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICE IF YOU BREAK THESE TERMS

We may end your rights to use the App and Service 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 and Service:

You must stop all activities authorised by these terms, including your use of the App and any Service.
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 remotely access your devices and remove the App from them and cease providing you with access to the Service.

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

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

If you are a consumer, then these terms are governed by English and Welsh law and you can bring legal proceedings in respect of the products in the English courts. If you live in elsewhere you can bring legal proceedings in respect of the Service in either the courts of the country where you live or the English courts.

If you are a business, then these terms are governed by English and Welsh law and you agree to the exclusive jurisdiction of the English court to resolve any disputes arising under the contract for the provisions of products or services.