Terms and Conditions

PLEASE READ THESE LICENCE TERMS CAREFULLY

BY DOWNLOADING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT DOWNLOAD THE APP.

Who we are and what this agreement does

We Fyio Limited of Wessex House, Teign Road, Newton Abbot, Devon, England, TQ12 4AA license you to use:

  • Fyio mobile application software, the data supplied with the software, (App) and any updates or supplements to it.
  • The service you connect to via the App and the content we provide to you through it (Service).

as permitted in these terms.

Your privacy

Where you are a consumer user, or a business user and you are using our fyio biz service, we will be a controller of your personal data. This means that, under data protection legislation, we are required to provide you with certain information about 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 (which can be found at www.fyio.app/privacy-policy/) and it is important that you read that information.

Please be aware that internet transmissions can carry a risk of messages or information being intercepted and read by others.

Additional data processing terms for businesses using our fyio pro service

Where you are a business user and you are using our fyio pro service, you will be a controller of any personal data that we host in the provision of our service to you. In those circumstances we will be a processor of that information on your behalf and the additional data processing terms will apply.

Please click here to view the data processing terms.

THE DATA PROCESSING TERMS APPLY TO YOU ONLY IF YOU ARE A BUSINESS AND YOU ARE USING OUR FYIO PRO SERVICE.

Additional app store terms also apply

The ways in which you can use the App may also be controlled by the rules and policies of the app store through which you have purchased the App (Appstore). For purchases made using the Apple App Store, the Apple Media Services Terms and Conditions are available at https://www.apple.com/uk/legal/internet-services/itunes/uk/terms.html. For purchases made using the Google Play Store, the Google Play Terms of Service are available at https://play.google.com/intl/en-us_us/about/play-terms/index.html

Operating system requirements

This App requires a mobile or handheld device with a minimum of 12.3MB of memory running the IOS operating system (version 11.0 or later) or a device with a minimum of 28MB of memory running the Android operating systems (version 4.4 or later).

Support for the App and how to tell us about problems

If you wish to contact us for any reason, including to discuss any questions or queries you may have about the App or the Service, please get in touch via the contact form found on our website (which can be found here: https://www.fyio.app/#contact).

How we will communicate with you. If we have to contact you we will do so by email, 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 a single smartphone and/or tablet and view, use and display the App and the Service on such devices for your personal purposes only. [In addition, if permitted by the functionality of the Appstore through which you have purchased the App, you may share the App and the Service in accordance with the family sharing rules applicable to the relevant Appstore.
  • 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 12 to accept these terms and buy the app

You must be 12 or over to accept these terms and buy the App. If you are a minor and wish to purchase the App then you must’ have your parent or legal guardian’s permission to agree to the terms of this licence.

You may not transfer the App to someone else

We are giving you personally the right to use the App and the Service as set out under the heading “How you may use the App”. Whilst you may have sharing rights as set out above, you may not otherwise transfer the App or the Service 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.

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, or if we change the way in which we charge you to use the App.

We will give you at least 30 days’ notice of any change by sending you an email with details of the change or by notifying you of a change when you next start the App.

If you do not accept the notified changes you will not be permitted to continue to use the App and the Service and you may apply to the relevant Appstore for a refund which it may, at its sole discretion, grant to reflect the period the App and the Service have been available to you prior to cancellation.

Update to the App and changes to the Service

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. 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 the Services.

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 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 or any Service 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 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:

  • not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
  • not copy the App or Services, 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 or Services nor permit the App or the Services 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, 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 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 or any Service.

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 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 and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Services other than the right to use them in accordance with these terms.

Our responsibility for loss or damage suffered by you if you are a consumer

THE FOLLOWING TERMS ONLY APPLY TO YOU IF YOU ARE A CONSUMER (NOT A BUSINESS):

  • 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.

Our responsibility for loss or damage suffered by you if you are a business

THE FOLLOWING TERMS APPLY TO YOU ONLY IF YOU ARE USING THE APP IN CONNECTION WITH YOUR BUSINESS, TRADE, OR PROFESSION:

  • Types of liability which we may not exclude or limit. Nothing in these terms excludes or limits our liability for death or personal injury arising from our negligence, for fraud or fraudulent misrepresentation, or for any other matter in respect of which it would be unlawful to exclude or limit liability under applicable law.
  • Types of liability which we exclude entirely. Save as set out above (types of liability which we may not exclude or limit), we shall not be liable whether in contract, tort (including negligence), breach of statutory duty, or otherwise howsoever arsing, for any loss of profit, loss of business, loss of data, or for any indirect or consequential loss arising under or in connection with these terms or your use of the App or Services.
  • Limitation of liability. Save as set out above (types of liability which we may not exclude or limit), our total liability to you whether in contract, tort (including negligence), breach of statutory duty, or otherwise howsoever arising, shall be limited to 100% of the total sums paid by you for the App and the Services in the 12-month period immediately preceding the event giving rise to the liability.

Other important terms relating to our responsibility to you

  • Limitations to the App and the Services. The App and the Services 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. 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 Services are suitable for you. The App and the Services have 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) meet your requirements.
  • We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services 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 to discuss the possibility of seeking a refund for any Services you have paid for but not received. Please note that such a refund would be subject to the rules and policies of the relevant Appstore.

We may end your rights to use the App and the Services if you break these terms

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

  • You must stop all activities authorised by these terms, including your use of the App and any Services.
  • 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 Services.

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

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you a consumer living in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you are a consumer living in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.