End User License Agreeement (EULA)

Mobile application end-user licence agreement between end-user and licensor

The effective date of this agreement is the date you download the app (as defined below).

Please read carefully before signing up or using our app.

This end-user licence agreement (EULA) is a legal agreement between you (end-user or you) and DNC Technologies Limited of 1B High Street, Swanley, Kent, BR8 8AE United Kingdom (licensor, us or we) for:

Brushlink mobile application software, the data supplied with the software, and the associated media (App); and
online OR electronic documents (Documents).

We license use of the App and Documents to you on the basis of this EULA and subject to any rules or policies applied by any appstore provider or operator from whose site, located at www.brushlink.com (Appstore), the End-user downloaded the App (Appstore Rules). We do not sell the App or Documents to you. We remain the owners of the App and Documents at all times.

Operating system requirements

This app requires an iOS or Android compatible device, Internet access, and the latest versions of an iOS or Android operating system.

IMPORTANT NOTICE:

By downloading or using the app or clicking on the “Accept” button you agree to the terms of the licence which will bind you. The terms of the licence include, in particular, the Privacy Policy defined in condition 1.5 and Limitations on Liability in condition 7.
If you do not agree to the terms of this licence, we will not license the app and documents to you and you must not use the app.

You should print a copy of this EULA for future reference.

Agreed terms

1. Acknowledgements

1.1 The terms of this EULA apply to the App or any of the services accessible through the App (Services), including any updates or supplements to the App or any Service, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this EULA.

1.2 We may change these terms at any time by sending you an email with details of the change or notifying you of a change when you next start the App or log onto one of the websites referred to in condition 1.6. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.

1.3 From time to time updates to the App may be issued through the Appstore and/or Playstore. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.

1.4 You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and described in condition 2.2(a) (Devices) and to download or stream a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.

1.5 The terms of our privacy policy the current version of which is available at brushlink.com/privacy (Privacy Policy) are incorporated into this EULA by reference and apply to the Services. Additionally, by using the App or any Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand 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.

1.6 The terms and conditions of our supply of the Services, the current version of which is available from us, are incorporated into this EULA by reference and apply to the Services.

1.7 Any personal information that you have provided to us or have given to us for processing or that forms part of your Brushlink Results will be used in accordance with our privacy policy available at brushlink.com/privacy.

1.8 The App or any Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.

1.9 Any words following the terms including, include, in particularor for exampleor any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.

2. Grant and scope of licence

2.1 In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use the App on the Devices, subject to these terms, the Privacy Policy and the Appstore and/or Playstore Rules, incorporated into this EULA by reference. We reserve all other rights.

2.2 You may:

(a) download or stream a copy of the App onto your iPhone, iPod Touch, and/or Android mobile phones and may view, use and display the App on the Devices for your personal purposes only; and

(b) use the Documents for your personal purposes only.

3. Licence restrictions

Except as expressly set out in this EULA or as permitted by any local law, you agree:

(a) not to copy the App or Documents except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;

(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or Documents;

(c) not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;

(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:

(i) is used only for the purpose of achieving inter-operability of the App with another software program;

(ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and

(iii) is not used to create any software that is substantially similar to the App;

(e) to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;

(f) to include our copyright notice on all entire and partial copies you make of the App on any medium;

(g) not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and

(h) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (Technology),

together Licence Restrictions.

4. Acceptable use restrictions

You must:

(a)not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;

(b)not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material (to the extent that such use is not licensed by this EULA);

(c)not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;

(d)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

(e)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.

together Acceptable Use Restrictions.

5. Intellectual property rights

5.1 You acknowledge that all intellectual property rights in the App, the Documents and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, the Documents or the Technology other than the right to use each of them in accordance with the terms of this EULA.

5.2 You acknowledge that you have no right to have access to the App in source-code form.

6. Limited warranty and support

6.1 We warrant that:

(a) the App will, when properly used and on an operating system for which it was designed, perform substantially in accordance with the functions described in the Documents; and

(b) that the Documents correctly describe the operation of the App in all material respects, for a period of 90 days from the date on which the App is downloaded or streamed to the Devices (Warranty Period).

If within the Warranty Period you notify us in writing of any defect or fault in the App as a result of which it fails to perform substantially in accordance with the Documents, and we fail to provide a suitable remedy within 30 days of notification, you will be entitled to a refund of any subscription fee paid for the then-current subscription period, pro-rated to the date of notification, and your subscription and license to use the App or any service will be terminated at no charge. These are the exclusive remedies available to the End-User for any breach of the EULA.

6.2 The warranty in clause 6.1 and the corresponding remedies in clause 6.2 will not apply:

(a) if the defect or fault in the App or any Service results from you having altered or modified the App;

(b) if the defect or fault in the App results from you having used the App in breach of the terms of this EULA; and

6.3 We warrant that we will make commercially reasonable efforts to ensure that the App will not contain any virus, Trojan horse, or worm, or other software designed to permit unauthorized access to, or to erase or otherwise harm, the End User’s software, hardware, or data. We do not guarantee that our App will be secure or free from bugs or viruses. You are responsible for configuring your device to access our site. You should use your own virus protection software where relevant and update the App on your device when updates and/or new versions become available on the Appstore or Playstore.

6.4 The End User’s exclusive remedies for any breach of the warranty at clause 6.3 will be for the Licensor to cancel the EULA and refund the End-User’s payment for its then-current subscription to use the Service, pro-rated as of the date the End-User notified the Licensor of the breach.

6.5 The warranties at clauses 6.1 and 6.3 are in addition to your legal rights in relation to software that is faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

7. Limitation of liability

7.1 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described in the Documents meet your requirements.

7.2 We only supply the App and Documents for domestic and private use. You agree not to use the App and Documents for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

7.3 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence up to the limit specified in condition 7.4, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you the EULA.

7.4 Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £1,000. This does not apply to the types of loss set out in condition 7.5.

7.5 Nothing in this EULA shall limit or exclude our liability for:

(a) death or personal injury resulting from our negligence;

(b) fraud or fraudulent misrepresentation; and

7.6 If there is any conflict between this agreement and the Terms And Conditions of Supply of Services the Terms and Conditions of Supply will take precedence.

8. Termination

8.1 We may terminate this EULA immediately by written notice to you:

(a) if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; and

(b) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.

8.2 On termination for any reason:

(a) all rights granted to you under this EULA shall cease;

(b) you must immediately cease all activities authorised by this EULA, including your use of any Services;

(c) you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App and Documents then in your possession, custody or control and certify to us that you have done so;

(d) we may remotely access the Devices and remove the App from all of them and cease providing you with access to the Services.];

9. Communication between us

9.1 If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail or by prepaid post to DNC Technologies Limited at 1b High Street, Swanley, Kent, BR8 8AE United Kingdom and support@brushlink.com. We will confirm receipt of this by contacting you in writing, normally by e-mail.

9.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your request for the App.

10. Events outside our control

10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).

10.2 If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:

(a) our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and

(b) we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.

11. Other important terms

11.1 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.

11.2 You may only transfer your rights or obligations under this EULA to another person if we agree in writing.

11.3 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

11.4 Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

11.5 Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, 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.