PLEASE READ THESE LICENCE TERMS CAREFULLY
BY BUYING THE APP YOU AGREE TO THESE TERMS AND ENTER INTO A LEGALLY BINDING CONTRACT WITH US. IF YOU DO NOT AGREE TO THESE TERMS DO NOT BUY THE APP.
Who we are and what this Agreement does
We Wahpp Ltd of Blossom Hall, Skeldyke Road, Boston, Lincolnshire, England, PE20 1LU, license you to use:
IONN mobile application software, the data supplied with the software, (App) and any updates or supplements to it; and
the service you connect to via the App and the content we provide to you through it (Service),
as permitted in these terms (Our Terms).
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 Notice and it is important that you read that information.
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.
Apple’s app store terms also apply
The ways in which you can use the App and Services may also be controlled by the Apple media services terms (App Store Terms) and the App Store’s Terms will take precedence where there is a conflict between the two.
Those provisions of the App Store Terms that impose obligations and/or liabilities on you in relation to the App and/or the Services excluding those relating to payments will be treated as incorporated into Our Terms for our benefit, and as such will be enforceable by us against you.
For the avoidance of doubt, the following matters will be governed by the provisions of the App Store Terms:
the amounts payable by you in respect of the App and Services;
the methods of payment to be used by you; and
any rights for you to cancel your contract with us and receive any refunds of amounts paid in respect of the App and Services.
Operating system requirements
This app requires a mobile device with a minimum of 20MB of memory and the iOS operating system 11.2 or higher.
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 https://www.wahpp.com/ionn/home.
Contacting us (including with complaints). If you think the App or the Services are faulty or inaccurately described or wish to contact us for any other reason please email our customer service team at firstname.lastname@example.org or call us on +44 7788 271985.
How we will communicate with you. If we have to contact you we will do so by email, or by pre-paid post, using the contact details you have provided to us.
The App is free to download through the App Store. The use of the App and Services may be provided to you through the App Store on a free-trial or, once the free-trial period ends, a paid-subscription basis.
The duration of the free trial, and subscription periods and prices are as displayed in the App’s sign-up screen.
Payment will be charged to your Apple ID account at the confirmation of purchase. Subscription will automatically renew unless you cancel it at least 24 hours before the end of the current period. Your account will be charged by the App Store for renewal within 24 hours prior to the end of the current period. You can manage and cancel your subscriptions by going to your account settings on the App Store after purchase.
How you may use the App, including how many devices you may use it on
In return for your agreeing to comply with Our Terms, and, if you use the App and Services on a paid-subscription basis, in return for your subscription payments, you may:
download a copy of the App onto a reasonable number of compatible devices provided that each of those devices have the same Apple ID, and view, use and display the App on such devices for your personal purposes only. In addition, you may share the App in accordance with the family sharing rules set out in the App Store Terms; and
provided you comply with the licence restrictions in clause 16 of Our Terms, make as many copies of the App for back-up purposes as long as each device you use for that purpose shares the same Apple ID;
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; and
use the Services by means of the App for your personal purposes only.
The rights which we grant to you under this clause 7 are subject to the restrictions in clauses 16 and 17 and other terms of Our Terms.
We will use reasonable endeavours to maintain the availability of the App and Services to you at the gateway between the public internet and the network of the hosting services provider for the Services, but we do guarantee 100% availability.
You must be 16 to accept these terms and buy the app
You must be 16 or over to accept Our Terms and buy the App.
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 in clause 7 of Our Terms. 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 Our Terms to reflect changes in law or best practice or to deal with additional features which we introduce to the App or Services.
You will be prompted to review and accept changes to Our Terms 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, if pay for the Services, you may apply to the App Store for a refund, which will 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 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 Our 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 Services, 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 Services to you.
We may collect location data (but you can turn location services off)
You may stop us collecting such data at any time by turning off the location services settings on your device settings page, under location services.
We are not responsible for other websites OR APPS you link to
The App or any Service may contain links to other independent websites which are not provided by us. It may also allow you to share certain content with other persons using messaging tools of independent suppliers (for example, WhatsApp or Twitter). Such independent websites and messaging tools 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.
You agree that you will:
except in the course of permitted sharing as set out in clause 7 of Our Terms, 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 Our 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 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; and
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.
Our Terms do not give you or any other person any right to access or use the source code to the App.
Acceptable use restrictions
not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with Our 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 content or material (to the extent that such use is not licensed by Our Terms);
not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
not upload, store or transmit any data or any other content or material which breaches any legal rights of any person (including data protection rights) or the provisions of any applicable law, statute or regulation in any jurisdiction;
not use the App or any Service in a way that could damage, disable, overburden, impair or compromise the App, the Service, 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
Copyright © 2019 Wahpp Ltd.
Wahpp, IONN, our logos and our other trade marks are trade marks belonging to us. We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
All intellectual property rights in the App, 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 Our Terms. Any goodwill derived from the use by you of our intellectual property rights will accrue to us.
You grant us a non-exclusive licence to copy, reproduce, store, distribute, publish, export, adapt, edit and translate all data, works and materials which you upload to or store on the App, transmit using our App, supply to us for uploading to, transmission by or storage on the App, or generated by the App as a result of your use of the Services (but excluding analytics data relating to your use of the App and Services and server log files) (User Data) to the extent reasonably required for the performance of our obligations and the exercise of our rights under Our Terms. You also grant us the right to sub-license these rights to our hosting, connectivity and telecommunications service providers, subject to any express restrictions elsewhere in Our Terms.
You confirm that the User Data will not infringe any intellectual property rights or other legal rights of any person, and will not breach the provisions of any law, statute or regulation, in any jurisdiction and under any applicable law.
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 Our Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking Our 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 Our 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.
We will not be in breach of Our Terms if you incur losses as a result of the App Store operator’s exercise of their contract rights. The operator of the App Store has rights under the App Store Terms which may affect the exercise of your rights under Our Terms. Except as set out in clause 20.2 above, we will not be in breach of Our Terms as a result of, and will not be liable to you in respect of any loss or damage arising out of, the operator's exercise of its rights under the App Store Terms.
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 may be liable to 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 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.
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 App Store) 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 you may apply to the App Store for a refund for any Services you have paid for but not received.
We may suspend or end your rights to use the App and the Services if you break these terms
We may suspend:
the provision of any or all of the Services and your access to the App if you breach Our Terms; or
the provision of paid Services if you do not pay subscription fees for those Services to the App Store.
We may end your rights to use the App and Services at any time by contacting you if you have broken Our 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 Our 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; and
we may remotely access your devices and remove the App from them and cease providing you with access to the Services.
OTHER IMPORTANT TERMS
We may transfer this agreement to someone else. We may transfer our rights and obligations under Our 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 Our Terms to another person if we agree to this in writing.
Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of Our 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 Our 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. Our Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts, except that this provision will not have the effect of depriving you of the protection afforded to you by mandatory provisions of the applicable laws regulating the choice of the governing law and/or jurisdiction in consumer contracts. For example, if you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint for online resolution to the European Commission Online Dispute Resolution platform.