Terms of Service
END USER LICENCE AGREEMENT
PLEASE READ CAREFULLY BEFORE DOWNLOADING THE DATASQUASHER APPLICATION:
This licence agreement (Licence) is a legal agreement between you (Licensee or you) and Millenoki Ltd (Company number 07179736) of Communications House, 26 York Street, London, W1 U 6 PZ (Millenoki, us or we) for:
Datasquasher application the data supplied with the software, and the associated media and documentation (Licensed Application or Datasquasher).
When you register to use Datasquasher we will licence use of the Licensed Application to you on the basis of these terms. We do not sell the Licensed Application to you. We remain the owners of the Licensed Application at all times.
IMPORTANT NOTICE TO ALL USERS:
BY DOWNLOADING AND USING THE LICENSED APPLICATION YOU AGREE TO THE TERMS OF THIS LICENCE WHICH WILL BIND YOU. THE TERMS OF THIS LICENCE INCLUDE, IN PARTICULAR, LIMITATIONS ON LIABILITY IN condition 7 AND condition 8.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT PERMIT YOU TO REGISTER THE LICENSED APPLICATION WITH US AND WILL NOT GRANT A LICENSE TO YOU. IF YOU DO NOT ACCEPT THE TERMS OF THIS LICENCE YOU MUST CEASE TO USE THE LICENSED APPLICATION IMMEDIATELY AND REMOVE THE LICENSED APPLICATION FROM YOUR MOBILE DEVICE.
IMPORTANT NOTICE TO CONSUMERS:
YOU MUST BE AT LEAST 13 YEARS OLD TO ACCEPT THE TERMS OF THIS LICENCE AND DOWNLOAD THE LICENSED APPLICATION.
AS A CONSUMER, YOU HAVE THE RIGHT TO WITHDRAW FROM YOUR TRANSACTION WITHOUT CHARGE AND WITHOUT ANY REASON BEFORE DOWNLOADING AND REGISTERING THE LICENSED APPLICATION.
HOWEVER, YOU WILL LOSE THE RIGHT TO CANCEL THE TRANSACTION ONCE YOU REGISTER THE LICENSED APPLICATION.
THIS DOES NOT AFFECT YOUR CONSUMER RIGHTS IF THE DOWNLOADED LICENSED APPLICATION IS DEFECTIVE.
You should print a copy of this Licence for future reference.
1.Overview and Access to the Licensed Application
1.1 Datasquasher will route your access to the internet over a mobile telecommunications network via your Mobile Device to its servers to try to help you to save money, save battery and speed up your browsing by reducing the data usage of your mobile device. Datasquasher is designed to be used with Smartphones and Tablet PC’s (“Mobile Devices”) but Millenoki gives no warranty or guarantee that the Licensed Application will be compatible with all types of Mobile Devices or that any cost saving or performance improvement will be achieved. Details of the operating system, hardware and software requirements are detailed in the App store or on www.datasquasher.com and you are responsible for making all arrangements necessary for you to have access to the Licensed Application.
1.2 Datasquasher only provide estimated data analysis information. The data usage information provided is for information only and should not be relied upon. If you require accurate data usage details you should contact your mobile service operator.
1.3 Millenoki is not responsible for any dealings between you and your mobile service provider and you are solely responsible for all usage charges made by your mobile service provider relating to any Mobile Device, including all data charges.
1.4 Where the Licensed Application is provided free of charge access to the Licensed Application is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide via the Licensed Application. Millenoki may cease to support the Licensed Application and provide the service via the Licensed Application at any time upon notice to you.
1.5 The function of the Licensed Application depends on elements which are partially provided by third parties and outside our control. We will not be liable if for any reason the Licensed Application is unavailable at any time or for any period and give no warranty or guarantee that the service provided via the Licensed Application will be accessible or available at all times.
1.6 You must provide your correct contact and personal details when registering with the Licensed Application. You are responsible for ensuring that we are notified of any changes to these details and incorrect information may restrict our ability to provide the full use of the Licensed Application to you.
1.8 You are responsible for any person who accesses our Licensed Application using your log in details or for any misuse of your account.
2.Grant and scope of licence
2.1 In consideration of the payment by you of the agreed licence fee (where such fee is agreed to be payable) and you agreeing to abide by the terms of this Licence by registering with us, we hereby grant to you a non-exclusive, non-transferable, revocable licence, to use the Licensed Application on the terms of this Licence.
2.2 You may:
2.2.1 download, install and use the Licensed Application for your personal purposes (if you are a consumer) or your internal business purposes (if you are a business) only on one Mobile Device which you own or control, save where you have purchased via the Apple App Store where you are permitted to download the Licensed Application on any Mobile Device permitted under the Usage Rules set out in the Apple App Store Terms and Conditions;
2.2.2 receive and use any free supplementary software code or update of the Licensed Application incorporating "patches" and corrections of errors as may be provided by us from time to time;
2.2.3 use any documentation produced in support of the Licensed Application permitted under this condition 2.2 as reasonably necessary for its lawful use.
3.Restrictions and Your Obligations
Except as expressly set out in this Licence or as permitted by any local law, you undertake:
3.1.1 not to copy the Licensed Application except where such copying is incidental to normal use of the Licensed Application, or where it is necessary for the purpose of back-up or operational security;
3.1.2 not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time;
3.1.3 not to use the Licensed Application on any Mobile Device which you do not own or control;
3.1.4 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Licensed Application;
3.1.5 not to make alterations to, or modifications of, the whole or any part of the Licensed Application, nor permit the Licensed Application or any part of it to be combined with, or become incorporated in, any other programs;
3.1.6 not to disassemble, decompile, reverse engineer or create derivative works based on, the whole or any part of the Licensed Application nor attempt to do any such thing except to the extent that (by virtue of section 296 A 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 Licensed Application with another software program, and provided that the information obtained by you during such activities:
220.127.116.11 is used only for the purpose of achieving inter-operability of the Licensed Application with another software program; and
18.104.22.168 is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
22.214.171.124 is not used to create any software which is substantially similar to the Licensed Application;
3.1.7 to keep the Licensed Application secure;
3.1.8 not to block, disable or otherwise affect any advertising or advertising banner or other features that constitute part of the Licensed Application;
3.1.9 not to provide or otherwise make available the Licensed Application in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person other than your employees without prior written consent from us;
3.1.10 not to use the Licensed Application in any manner that is malicious, harmful, libellous threatening or otherwise objectionable, including sending or linking any content or material through Datasquasher which may reasonably be considered to be so;
3.1.11 not to engage in any illegal activities using the Licensed Application including but not limited to any breach advertising laws, gambling laws or any criminal activity including sending or linking any content or material through Datasquasher which may reasonably be considered to be in breach of any law;
3.1.12 not to use the Datasquasher to send or link to any content or material through Datasquasher which may reasonably be considered to be in breach of the intellectual property rights of another party;
3.1.13 not to use the Datasquasher to send any bulk “Spam” content or similar unsolicited commercial communication; and
3.1.14 not to interfere with the proper functioning of the Licensed Application, including deliberately overloading the system, preventing others from using the Licensed Application or sending content or material which contains software viruses, Trojan horses or other malicious applications or software which may damage the operation of the Licensed Application.
3.2 The terms of this Licence will govern any upgrades provided by us that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate licence in which case the terms of that licence will govern.
3.3 You agree to comply with all applicable local laws and regulations which may relate to your use of Datasquasher and the transmission of any information through Datasquasher. You agree to comply with any instructions regarding your access or use of Datasquasher issued by us from time to time. Millenoki may investigate your use of the Licensed Application to determine whether these terms and conditions have been violated or in order to comply with any legal or regulatory request.
4.Intellectual property rights
4.1 You acknowledge that all intellectual property rights in the Licensed Application anywhere in the world belong to us, that rights in the Licensed Application are licensed (not sold) to you, and that you have no rights in, or to, the Licensed Application other than the right to use them in accordance with the terms of this Licence.
4.2 You acknowledge that you have no right to have access to the Licensed Application in source code form or in unlocked coding or with comments.
4.3 The integrity of this Licensed Application is protected by technical protection measures (TPM) so that the intellectual property rights, including copyright, in the Licensed Application are not misappropriated. You must not attempt in any way to remove or circumvent any such TPM, nor apply or manufacture for sale or hire, import, distribute, sell or let for hire, offer or expose for sale or hire, advertise for sale or hire or have in your possession for private or commercial purposes any means the sole intended purpose of which is to facilitate the unauthorised removal or circumvention of such TPM.
4.4 The names “datasquasher”TM and “millenoki”TM are the trade marks of Millenoki Limited. You may not use these names or any logo which is associated with these brands, and all rights are reserved in respect of them.
5.Third Party Content
5.1 Where our Licensed Application provides links to other sites and resources or permits you to access content provided by third parties through the Datasquasher, these links and access are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
6.Warranties and Exclusions
6.1 Datasquasher will make technical modifications to the data being processed through the Licensed Application which may reduce the quality of the data received on your Mobile Device. Modifications including restricting the transmission of images and reducing the resolution quality of images transferred. You acknowledge that this is necessary for the Licensed Application to fulfil its function and agree to bear all responsibility for use of the Licensed Application. Millenoki is not responsible (to the extent permitted by law) for any direct, incidental, special, or consequential loss suffered by you as a result of such modifications.
6.2 Millenoki gives no warranty that the:
6.2.1 Datasquasher will reduce the amount of data usage by your Mobile Device or result in cost savings; or
6.2.2 operation of Datasquasher will be uninterrupted or error free.
6.3 You agree that your access to and use of the Datasquasher is on an “as is” and “as available” basis and at your sole risk.
6.4 We make or give no representation or warranty as to the accuracy, completeness, currency, reliability, quality, fitness for purpose or originality of the Datasquasher, and to the fullest extend permitted by law, all implied warranties, conditions are hereby excluded.
6.5 Commentary and other materials posted in the Licensed Application are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any user of the Licensed Application, or by anyone who may be informed of any of its contents.
6.6 If you are a consumer, this is subject to your legal rights in relation to the Licensed Application. Advice about your legal rights is available from your local Citizens' Advice Bureau, Trading Standards office in the UK or other local legal and advice institutions if you are located outsider of the UK.
6.7 You must not misuse our Licensed Application by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Licensed Application, the server on which our Licensed Application is stored or any server, computer or database connected to our Licensed Application. You must not attack our Licensed Application via a denial-of-service attack or a distributed denial-of service attack.
6.8 By breaching clause 6.7, you would commit a criminal offence. 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 Licensed Application will cease immediately and you must delete the Licensed Application from any Mobile Device in your possession.
6.9 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your Mobile Device, computer equipment, computer programs, data or other proprietary material due to your use of our Licensed Application or to your downloading of any material through it, or on any website or application linked to it.
7.Limitation of liability if you are a business user
7.1 You acknowledge that the Licensed Application 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 Licensed Application meet your requirements.
7.2 If you are a business customer, we only supply the Licensed Application for internal use by your business, and you agree not to use the Licensed Application for any re-sale purposes.
7.3 We shall not under any circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Licence or use of the Licensed Application for loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss or corruption of data or information; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.
7.4 Other than the losses set out in condition 7.3 (for which we are not liable), our maximum aggregate liability under or in connection with this Licence whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the sum of £5. This maximum cap does not apply to condition 7.5.
7.5 Nothing in this Licence shall limit or exclude our liability for:
7.5.1 death or personal injury resulting from our negligence;
7.5.2 fraud or fraudulent misrepresentation; or
7.5.3 any other liability that cannot be excluded or limited by law.
7.6 This Licence sets out the full extent of our obligations and liabilities in respect of the supply of the Licensed Application. Except as expressly stated in this Licence, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Licensed Application which might otherwise be implied into, or incorporated in, this Licence whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
8.Limitation of liability if you are a consumer user
8.1 You acknowledge that the Licensed Application 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 Licensed Application meet your requirements.
8.2 If you are a consumer, we only supply the Licensed Application for domestic and private use. You agree not to use the Licensed Application for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.3 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this Licence or our negligence up to the amount specified in condition 8.4, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you the Licence.
8.4 Our maximum aggregate liability under or in connection with this Licence whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the sum of £5. This does not apply to the types of loss set out in condition 8.5.
8.5 Nothing in this Licence shall limit or exclude our liability for:
8.5.1 death or personal injury resulting from our negligence;
8.5.2 fraud or fraudulent misrepresentation; or
8.5.3 any other liability that cannot be excluded or limited by law.
9.1 You shall indemnify the Millenoki against all damages, losses and expenses arising as a result of any action or claim as a result of:
9.1.1 any breach by you of these terms; or
9.1.2 your breach of any third party right, including any intellectual property rights in your use of the Licensed Application.
10.1 You may terminate this Licence and discontinue using the Licensed Application at any time. If you wish to terminate this Licence you should delete the Licensed Application from your Mobile Device and notify us at firstname.lastname@example.org that you wish to cancel your user account. Upon receipt of such notification we will remove your account. Your rights under this Licence will terminate immediately without notice if you fail to comply with the terms of this Licence.
10.2 We may terminate this Licence immediately by written notice to you at any time and for any reason.
10.3 Upon termination for any reason:
10.3.1 all rights granted to you under this Licence shall cease;
10.3.2 you must immediately cease to use the Licensed Application; and
10.3.3 you must immediately delete or remove all copies of the Licensed Application from all Mobile Devices in your possession, and immediately delete all copies of the Licensed Application then in your possession, custody or control.
10.3.4 We may change the content or service at any time. If the need arises, we may suspend access to our Licensed Application, or close it indefinitely. Any of the material in Licensed Application may be out of date at any given time, and we are under no obligation to update such material.
11.Communications between us
11.1 If you wish to contact us in writing, or if any condition in this Licence requires you to give us notice in writing, you can send contact us by e-mail or by pre-paid post (including your full name and contact details) to
Millenoki Ltd (Company number 07179736) of
26 York Street,
W1 U 6 PZ
We will confirm receipt of this by contacting you in writing, normally by e-mail.
11.2 If we have to contact you or give you notice in writing, we will usually do so by e-mail or electronic message to the email address or social media account details you provide to us in your order for the Licensed Application.
11.3 If you are a business customer, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13.Other important terms
13.1 We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence.
13.2 You may only transfer your rights or your obligations under this Licence to another person if we agree in writing.
13.3 This Licence and any document expressly referred to in it constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in this Licence or any document expressly referred to in it.
13.4 If we fail to insist that you perform any of your obligations under this Licence, 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.
13.5 Each of the conditions of this Licence 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.
13.6 This Licence, its subject matter and its formation (and any non-contractual disputes or claims), are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, we retain the right to bring proceedings against you for breach of these conditions in your country of residence or (if you are a business, country of registration or trading) or any other relevant country.
14.Terms specific to the Apple App Store
14.1 These terms apply specifically where the Licensed Application is downloaded through the Apple App Store.
14.2 You acknowledge that this Licence is made between you and Millenoki only, save that Apple and its subsidiaries shall be entitled as third party beneficiaries to enforce the terms of this Licence against you, if you are in breach of its terms.
14.3 You represent and warrant for the benefit of both us and Apple, that you are not:
14.3.1 located in a country which is subject to a US Government embargo or has been designated by the US Government as a “terrorist supporting” country; and
14.3.2 listed on any US Government list of prohibited or restricted parties.
14.4 Millenoki is solely responsible for providing maintenance and support for the Licensed Application and you should contact us using the Means of Communication listed above if you have any issues with the Licensed Application. Apple has no responsibility to provide any support services in respect of the Licensed Application.
14.5 Apple has no responsibility in relation to the Licensed Application or its content and by accepting the terms of this Licence you accept and acknowledge that Apple provides no warranty in respect of the Licensed Application.
14.6 In the event that the Licensed Application fails to comply with any warranty contained within this Licence or implied by law (and not excluded under the specific terms of this Licence) you may notify Apple of such failure and Apple may refund any licence fee paid for the Licensed Application to you, if such claim is deemed valid, but to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever in respect of the Licensed Application.
14.7 Subject to this, any other claims in respect of the Licensed Application, including (but not limited to) claims for breach of warranty, any claims relating to possession, product liability, claims that the Licensed Application fails to conform to any applicable legal or regulatory requirement, or claims arising under consumer protection or similar legislation are between you and Millenoki.
14.8 In the event of any third party claim in respect of a breach of intellectual property rights, Millenoki, and not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.