User Terms of Service

1. The App

The App is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the App. By using the App, you represent and warrant that you are over the age of 18 years and accessing the App for business use only.

Please do not access the App if you are under the age of 18 years old.

If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then "you" or "your" means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Solution on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.

2. Accounts & Credits

Account

To use the App you will be required to sign-up, register and receive an account through the App (User Account).

Users must register and create a User Account via the Platform (website) prior to accessing the App. Unregistered attempts to access the App will be redirected to the Platform for registration and acceptance of the App Terms. Following successful registration and credential creation on the Platform, Users may utilise those credentials to access the App.

(Provide Information) As part of the User Account registration process and as part of your continued use of the App, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, and other information as determined by us from time to time.

(Warranty) You warrant that any information you give to us in the course of completing the Account registration process is accurate, honest, correct and up-to-date.

You must connect your User Account to an Account which has a valid Subscription (Customer Account).

Users may be invited to establish an account by a Customer or may be provided with an access code to join an existing Customer Account. Users are permitted to access their User Account on any compatible device under their direct control.

Credits

To perform tasks or actions on the App, you will be required to use "Credits".

Credits are purchased via the Customer Account, and shared amongst User Accounts under the Customer Account.

Credits can be applied to different actions or services on the Platform and App, which may require different amounts of Credits to complete.

If you do not have sufficient Credits to complete an action, the Customer Account will be required to purchase additional Credits before that action can be completed.

Credits are not refundable nor are they redeemable for cash.

3. These Terms

These terms are an agreement made between you and us and:

• Apple is not a party to this agreement and has no responsibility for the app or its content; and
• Google is not a party to this agreement and has no liability under it.

We license you to download and use the App:

• For iOS users, onto any Apple-branded product, and to use it once you have downloaded it, provided you follow all of the rules described in this agreement and the App Store Rules
• For Google Play Store users, to use the App provided you follow all of the rules described in this agreement and also Google's rules.

The licence:

• is non-exclusive, non-transferable, and strictly for your personal use (meaning the account is personal to you);
• starts when you download the App; and
• covers content, materials, or services accessible from, or bought in, the App including all of our support resources. It also covers updates to the App unless they come with separate terms, in which case we will give you an opportunity to review and accept

The App can be accessed, used and downloaded by other accounts that are associated with you through family sharing or volume purchasing in accordance with the App Store or Google's Rules (as applicable).

You must comply with the App Store Rules and Google's Rules (as applicable) as well as these terms but, if there is any conflict between them, you should follow the App Store Rules or Google's Rules rather than the equivalent rule here.

You do not own the App or any of its contents but you may use it on devices that you own or control, as permitted by these terms and by the App Store Rules or Google's Rules (as applicable).

If you sell or give away the device on which you have downloaded the App, you must first remove the App from the device.

You are not allowed to:

• modify the App's code in any way, including inserting new code, either directly or through the use of another app or piece of software;
• deliberately attempt to avoid or manipulate any security features included in the App; or
• pretend that the App is your own or make it available for others to download or use (including by way of copying the code of the App and creating an independent version).

4. Support and Contact

We are responsible for customer service in relation to the App and can help you if you are having any issues.

For iOS users, you acknowledge that Apple has no obligation whatsoever to provide any support or maintenance services in relation to the App, although if the App is faulty, you may be able to claim a refund for paid content or services — please see clause 13.

For Google users, you acknowledge that Google has no obligation to provide any support or maintenance services in relation to the App. Refunds may be available to you in a range of circumstances, either from Google or from us. See Google's refund policies for more information.

If you need to get in touch with us, you can use the 'contact us' functionality provided in the App at: https://wheeltune.app/contact.

If we need to get in touch with you, we will do so by email or an in-app notification.

5. Privacy and Your Personal Information

Protecting your personal information is important to us. Our Privacy Policy, which is available at: https://wheeltune.app/privacy, explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to it and how to contact us at privacy@wheeltune.app and supervisory authorities if you have a query or complaint. We may periodically send direct marketing communications in compliance with the Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR) and our Privacy Policy.

To unsubscribe from such communications, Users may visit: https://wheeltune.app/hub/settings/notifications.

Our Cookie Policy is available at: https://wheeltune.app/cookies

6. Collection of Technical Information

We may collect and use technical data that might include, for example, the specifications of your device and its software in order to help us provide software updates, product support, and other services related to the App. We may also use this information, as long as it is in a form that does not personally identify you, to improve products or to offer new services or technologies to you.

7. Ownership, Use and Intellectual Property Rights

The intellectual property rights in the App and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the App (the 'Content') are owned by us and our licensors.

We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, patents, trademarks, service marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners or licensors of them and are free to use them as we see fit.

Nothing in these terms grant you any legal rights in the App or the Content other than as necessary for you to access it and use it. You agree not to adjust, try to circumvent or delete any notices contained in the App or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Site or the Content.

8. Acceptable Use

You must not use the App to do any of the following things:

• break the law or encourage any unlawful activity;
• send or upload anything that is (or might be considered to be) defamatory, offensive, obscene, containing or representing sexually explicit images and/or discriminatory (including but not limited to, in relation to race, gender, religious beliefs, sexual orientation or disability);
• infringe our or anyone else's intellectual property rights (for example, by using or uploading someone else's content);
• transmit any harmful software code such as viruses;
• try to gain unauthorised access to computers, data, systems, accounts or networks; or
• deliberately disrupt the operation of anyone's website, mobile application, server or business.
• utilise the Platform's test results to obtain an unfair advantage over any business, for the benefit of yourself or any third party.

We reserve the right to delete any Content which is not compliant with present clause 8.

Any submission you make to the App, including but not limited to the Forum (as defined in clause 1(b)), and any other communication to users of the App by you must conform to standards of accuracy, decency and lawfulness, which shall be applied in our discretion, acting reasonably. In particular, any submission or communication by you must be:

• not defamatory or likely to give rise to an allegation of defamation;
• not offensive, obscene, sexually explicit, discriminatory or deceptive;
• unlikely to cause offence, embarrassment or be construed as, or constitute harassment to others;
• factually accurate or your own genuinely held belief; and
• your own original work (where applicable) and lawfully submitted.

While we use all commercially reasonable efforts to make sure that the App is secure and accurate, we do not actively monitor or check at all times whether information supplied to us through the App is factual, exact, confidential, commercially sensitive or valuable.

Other than any personal information which will be dealt with in accordance with our Privacy Policy, we do not guarantee that information supplied to us through the App will be kept confidential and we may use it on an unrestricted and free-of-charge basis as we reasonably see fit.

9. Updates to the App

We may update the App from time to time for reasons that include fixing bugs or enhancing functionality. We might also change or remove functionality but if we do that, we will ensure that the App still meets the description of it that was provided to you at the time you downloaded the App.

Updates will either download automatically or you may need to trigger them yourself, depending on your device, its settings and the app store.

We strongly suggest that you download all updates as soon as they become available. Depending on the nature of the update, the App may not work properly (or at all), or you may be exposed to security vulnerabilities, if you do not keep the App updated to the latest version that we make available.

10. Changes to These Terms

We may need to revise these terms from time to time to reflect changes in the App's functionality, to deal with a security threat or if there is a change in the law or guidance.

You will be asked to agree to any material changes in advance by an in-app notification, usually when you download an update. If you do not accept the changes, you will not be able to use the App. Google users may be able to request a refund in these circumstances.

11. Liability

Nothing in these terms shall exclude or limit any party's liability for death or personal injury caused by our negligence or wilful misconduct, liability for fraud or fraudulent misrepresentation, or any other liability which cannot be excluded or limited under the laws of England and Wales.

Subject to clause 11(a), WheelTune shall bear no liability of any kind whatsoever for (but not limited to) any direct or indirect/consequential, foreseeable or unforeseeable, losses, costs, damages, fees, expenses, any inaccuracy or misleading information, any loss of profit, revenue, suffered by you or any third-party, relating to, in connection with, or arising from, this agreement, WheelTune's products and services and/or the App.

12. Failures of Networks or Hardware

The App relies on a number of things working properly to enable you to enjoy all of its features. Many of these, such as your internet connection, your device and the App Store or Google Play (as applicable), are entirely outside of our control. Although we will do everything we reasonably can to resolve issues, we are not responsible to you if you are unable to use all or any part of the App due to a poor internet connection, faulty components in your device (such as a faulty GPS signal, failing in the API with any suppliers of our Content or related features), App Store failure or failure of Google Play to function properly (as applicable) or anything else that it would not be reasonable to expect us to control.

13. Ending These Terms

We can terminate your Account immediately without notice to you if the Main Account is terminated.

We can end these terms and our agreement with you, if you do not comply with any part of them.

We will give you a reasonable amount of notice before the terms and our agreement with you ends but if what you have done is serious then we may end our agreement with you immediately and without advance notice to you. 'Serious' means that you are causing harm (or attempting to cause harm) to other users, interfering with the operation of the App or doing anything else that we think presents a big enough risk to justify us ending our agreement with you quickly.

The consequences of our agreement with you ending are as follows:

• you are no longer allowed to use the App and we may remotely limit your access to it;
• you must delete it from any devices that it has been installed on;
• we may delete or suspend access to any accounts that you hold with us; and
• you are not entitled to a refund to the extent you paid for the App or any of its features.

14. Third Parties

No one other than us or you has any right to enforce these terms, except that in the case of iOS users:

Apple and Apple's subsidiary companies are third party beneficiaries of these terms and to this agreement. This means that if you breach any of these terms, Apple has the right to enforce it and to take action against you directly, with or without our involvement.

15. Transferring These Terms

We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer and make sure that you are not adversely affected as a result.

You are not allowed to transfer your rights under these terms to anyone without our prior written consent.