Terms and Conditions

Last modified: 03 February 2021

These user terms and conditions (hereinafter referred to as the "User Terms") apply to any use of Mobytap's Mobile Application (hereinafter referred to as the "App"), including - but not limited to - www.mobytap.com.

The Mobile Application is supplied by Mobytap, Ltd. mobile application (hereinafter referred to as the "App") are operated by Mobytap Limited, a company registered in England and Wales under number 10252114 with its registered office at Bridge House, Derby Road, Long Eaton, Nottingham, NG10 1NL, UK ("Mobytap"). In these User Terms, the words "we", "us" and "ours" refer to Mobytap.

Definitions

The following definitions, in addition to those set out herein, apply in these Terms and Conditions:

• «Content» means any information, text, graphics, logos, photographs, images, moving images, sound, illustration and other materials in any media form submitted or sent by Users to other Users or Mobytap Ltd, through their use of the Service, including as displayed in their Profile.
• «Platform» means the information held by Mobytap Ltd about a User of the Platform, such information having been submitted by the User to whom the information relates to.
• «Profile» means the information held by Mobytap Ltd about a User of the Platform, such information having been submitted by the User to whom the information relates to.
• «Videos» means a collection of clips and photo snippets that have been combined to play together. A 'clip' is a segment of video that has been recorded without stopping, i.e., once you start recording again you've finished one clip and started on another. If a video has only a single clip then the clip and video are the same thing. Whenever we refer to videos in these Terms we mean videos and any associated clips and photos unless we state otherwise.
• «Services» means the Basic Services and the Additional Services.
• «User» means any person who registers their details for an account with the Platform, including Reviewers and Business Owners (whether on a free or paid-subscription basis).

These User Terms are deemed to include all other operating rules, policies, and guidelines that are referred to herein or that we may otherwise publish on the Mobile App (as such, rules, policies and guidelines may be amended from time to time), including without limitation our Privacy Policy, which is located at https://www.mobytap.com/privacy

By using the App, you accept to be subject to the User Terms, including the Privacy Policy. If you do not accept these User Terms, you are not permitted to use the mobile App and are kindly requested not to use the App. The registration as a user requires your express acceptance of these User Terms.

General terms

1. User

1.1 Mobytap grants you the non-exclusive, non-transferable, revocable, limited right to access and use the Mobile application. In order to gain full access and use of the app, you must create a profile and register as a user (hereinafter referred to as "User"). Mobile application enables users to create, store and share videos reviews through our downloadable application. The application enables users to review business and services throughout the world by a simple click of a button. Our website is for viewing the content which you created through our mobile apps. For simplicity, we'll refer to any or all of this as the "Services".

1.2 You are only permitted to register one profile per person on the app. The profile is personal and you must not transfer it to others and you must be at least 18 years old to register for an account on the Platform to use the Basic Services. By registering for an account, you warrant that you are at least 18 years old.

1.3 In order to become a User, you need a password. You choose your own password which must be used with your email address when logging onto the App. Alternatively, we send the password to you. The password is personal and you must not transfer it or in other ways make it available to others. It is your responsibility to ensure that the password does not fall into the hands of a third party. If you become aware that the password is or may have been compromised, you are obligated to inform us hereof. We can and will change the password if there is a risk that the password has been compromised or is used in violation of the User Terms.

1.4 During the registration process, you must choose a username. The username will be shown on the Mobile app whenever you write, record or leave reviews or produce user-generated content (see 2.1 below) on the app. Therefore, you must consider whether you wish to use a username from which you can be identified by others. The username must not (i) be offensive or in other ways insulting, (ii) contain the terms "Guest", "Admin", "*.co.uk", "*.dk", "*.com", etc. or (iii) contain characteristics which belong to a third party, including names of famous persons, or personal names to which you do not own the rights. You warrant that your username does not infringe on any rights (including any intellectual property rights) belonging to any third party and/or pertaining to the User Terms.

1.5 Changes to the username may only be made by us. If you want to change your username, please contact us at support@mobytap.com

1.6 We are entitled at any time, without notice and without prejudice, to delete, suspend or change your profile in the event of your violation or suspected violation of these User Terms or applicable law. When deleting your profile, you will no longer have access to services on the iPhone app which require your registration and/or login as a User. When deleting your profile, we reserve the right to delete the user-generated content (see 2.1) you have made on the mobile app.

1.7 Furthermore, we reserve the right, at any time and without notice or explanation, to delete your profile and user-generated content (see 2.1). In this case, our disclaimer applies without limitations.

1.8 You are not permitted to gain access or attempt to gain access to the parts of the iphone app requiring user registration if you are not a User.

2. User-Generated Content from Users

2.1 You hereby grant us the worldwide, non-exclusive, perpetual, irrevocable, royalty-free right and license to publish, display, reproduce, modify, create derivative works of and commercially exploit any material, information, notifications, reviews, articles or other types of communication (hereinafter referred to as the "User-Generated Content" or "UGC") which you create on the iPhone app as a User. We may freely use and transfer the UGC and disclose the UGC to third parties.

2.2 Users are liable for the UGC they publish on the app.

2.3 Users warrant that all UGC posted on the App is correct and true (where they state facts) or genuinely held (where they state opinions).

2.4 UGC must relate to a company or organization from which the User has purchased or can otherwise document using the company's or organization's products or services.

2.5 You may not publish UGC regarding companies to which you have personal or professional relations.

2.6 Users must not, and must not allow any third party to, publish UGC on the App which

• is of a marketing nature or has marketing purposes,
• is unlawful, tortious, obscene, pornographic or profane, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, defamatory,
• has sexist, political or racial character, violates other people's rights, including any intellectual property rights, rights of privacy and/or rights of publicity,
• is offensive or in any way breaches any applicable local, national or international law or regulation,
• violates these User Terms, including the Privacy Policy,
• reveals any personal information about another individual, including another person's name, address, phone number, email address, credit card information or any other information that could be used to track, contact or impersonate that person,
• has a disloyal or unlawful purpose and/or content (or promotes unlawful purposes), or
• is technically harmful (including without limitation computer viruses, corrupted data, logic bombs, Trojan horses, worms, harmful components, or other malicious software, harmful data or conduct).

2.7 Contributors of UGC warrant in every context that the UGC is lawful and in compliance with the User Terms. If Mobytap receives notice or otherwise becomes aware that UGC violates current legislation and/or the User Terms, we may delete the UGC without any notice, and we - dependent on the character of the violation - may inform the violated party and/or the authorities of the violation. Our right to delete will not be conditioned on an explanation, although we will strive to inform the User about the deletion and the reason hereof.

2.8 The User hereby grants us the right to initiate and take any legal actions which we deem necessary in case of infringement of the User's UGC. The User must guarantee to indemnify us for any claims which may be made against us as a consequence of the User's violation of the User Terms or current legislation. The User must indemnify and hold us harmless from and against any claim or loss due to third party claims against us resulting from the UGC of the User.

2.9 We may at any time request information about the UGC from the User, including documentation supporting the information included in the UGC, e.g. documentation evidencing that the UGC is based on an actual buying experience in an actual customer relation to the company or service to which the UGC relates.

3. Rights

3.1 The App and the services we offer via the App, including all underlying technology and intellectual property rights embodied therein, are and remain our sole and exclusive property, and no license or any other right is granted to any such underlying technology. If you provide feedback, ideas or suggestions regarding the App or the services offered on the App ("Feedback"), we are free to fully exploit such Feedback.

3.2 The content on the App, including but not limited to the intellectual property rights, text, characteristics, graphics, icons, photos, calculations, references and software is or will be our property or the property of a third party (other than the User) and is protected by EUIPO and applicable international European legislation, including without limitation applicable copyright and trademark laws.

3.3 Unauthorised copying, distribution, presentation or other use of the App or part hereof is a violation of UK and International law and may thus result in civil and/or criminal penalties.

3.4 To the fullest extent permitted by law, the rights to free use of the UGC are transferred to us irrevocably, without any time limitation and without territorial limitations, by submitting the UGC to us.

3.5 Downloading and other digital copying of the content on the App or parts hereof are only permitted for personal non-commercial use unless otherwise agreed with us in writing or allowed under applicable mandatory law.

3.6 All company names, trademarks and other business characteristics on the App and website is or will be our property or the property of a third party (other than the User) and must only be used for business purposes upon prior approval from us or the third party owner, respectively.

4. Personal data

4.1 We perform different types of processing of personal data in connection with the use of the App. Our processing of personal data takes place under observance of our Privacy Policy, which can be obtained here: https://www.mobytap.com/privacy. By accepting these User Terms, you confirm to have read and accepted our Privacy Policy.

5. Disclaimers

5.1 THE APP, CONTENT AND SERVICES OFFERED ON THE APP ARE PROVIDED 'AS IS' AND AS AVAILABLE WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. MOBYTAP LTD EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE APP AND SERVICES MAY BE MODIFIED, UPDATED, INTERRUPTED, SUSPENDED OR DISCONTINUED AT ANY TIME WITHOUT NOTICE OR LIABILITY.

5.2 We make no representations or warranties with respect to any UGC published on the website. Notwithstanding the foregoing, Mobytap may at all times investigate and edit (including anonymising) UGC, e.g. if such actions are (i) prompted by third party requests, (ii) required under applicable law or (iii) necessary for the UGC's compliance with our User Guidelines.

5.3 We disclaim all liability for the content of UGC. Our non-liability applies, without limitation, to any UGC, including UGC which has been edited by us (see 5.2). We are not liable for any links to third party websites in the UGC, including for the content of the page to which the UGC links.

5.4 Recommendations, recorded reviews, recorded comments, etc. of specific companies, services, e-businesses, etc. on the Website and App are provided by Users and are not endorsements made by us. We disclaim all liability for the content of the App. The use of our services is in any respect the sole responsibility of the Users. We cannot be held liable for the availability of the App.

6. Limitation of liability

6.1 WE SHALL IN NO CASE BE HELD LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR DAMAGES FOR THE USE OF THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING (I) LOSS OF PROFITS, CONTRACTS, TURNOVER, BUSINESS, BUSINESS OPPORTUNITY, LOSS OR CORRUPTION OF DATA OR RECOVERY OF DATA, GOODWILL, SECURITY BREACH RESULTING FROM A FAILURE OF THIRD PARTY TELECOMMUNICATIONS AND/OR THE INTERNET, ANTICIPATED SAVINGS OR REVENUE (REGARDLESS OF WHETHER ANY OF THESE ARE DIRECT, INDIRECT OR CONSEQUENTIAL) (II) ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH LIABILITIES TO THIRD PARTIES (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL) OR (III) ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE WHATSOEVER. SOME CITIES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

6.2 OUR TOTAL AGGREGATE LIABILITY, INCLUDING WITHOUT LIMITATION LIABILITY FOR BREACH OF CONTRACT, MISREPRESENTATION (WHETHER TORTIOUS OR STATUTORY), TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE, ARISING FROM OR IN CONNECTION WITH THE USER TERMS, THE APP OR OUR SERVICES WILL NEVER FOR ANY AND ALL ACTIONABLE CIRCUMSTANCES EXCEED SEVENTY POUNDS (£70.00). YOU FURTHER AGREE THAT NO CLAIMS OR ACTIONS ARISING OUT OF, OR RELATED TO, THE USE OF OUR APP OR SERVICES OR THESE USER TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE ACTIONABLE EVENT. NOTHING IN THE USER TERMS EXCLUDES OR LIMITS EITHER PARTY'S LIABILITY FOR MATTERS WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

7. Other User Terms

7.1 We may at any time, in our sole discretion, revise or change these User Terms. We will make an effort to provide reasonable advance notice of any such changes. We may at any time, in our own discretion and without notice, close, change or reorganise the App and other products. As a User you accept to be covered by the at all times current User Terms. Any revision or change of the User Terms will be stated on the App. We will furthermore strive to inform the Users about the change of the User Terms. The Users agree that the continued use of the App after any posted modified version of the User Terms is an acceptance of the modified User Terms.

7.2 Should any of these User Terms be regarded as unlawful or without effect and therefore not to be enforced, this will not have any effect on the applicability and enforcement of the remaining part of the User Terms.

8. Term and termination

8.1 We may terminate your right to access and use the services offered on the App at any time for any reason without liability. If we do so, or if you elect to delete your profile, any rights granted to you herein will immediately cease. Sections 2-10 will survive any termination of the User Terms.

9. Applicable law and venue

9.1 The User Terms and the relationship between you and Mobytap are governed by the laws of the UK and International Laws, without regard to the conflicts of law provisions thereof. Any disputes must be brought exclusively in the UK Courts, and the parties hereby consent to the jurisdiction of such courts.

10. Copyright dispute policy

10.1 It's Mobytap's policy to (i) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers or members or users; and (ii) remove and discontinue service to repeat offenders. Mobytap has adopted a policy toward copyright infringement in accordance with the Digital Millennium Copyright Act.

11. In using the App, you agree not to:

• send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
• post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
• post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
• threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
• use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
• make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
• advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility expressly allows such messages;
• impersonate any person or entity for the purpose of misleading others; violate any applicable laws or regulations;
• use the Platform in any manner that could damage, disable, overburden or impair the Platform or interfere with any other party's use and enjoyment of the Platform;
• post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
• attempt to gain unauthorised access to the Platform, other accounts, computer systems or networks connected to the Platform through hacking, password mining or any other means; or
• accept or seek payment from another User. In particular, you agree that you will not use the Platform to make financial gains (whether pecuniary or otherwise) when taking making video reviews.

11.1 We have no obligation to monitor the Services but shall be entitled to review Content transmitted via the Platform and, at our sole discretion, to remove any Content that breaches these Terms and Conditions or is otherwise objectionable.

12. Miscellaneous

12.1 You acknowledge and agree that these User Terms constitute the complete and exclusive agreement between you and Mobytap concerning your use of the App and supersede and govern all prior proposals, agreements or other communications.

12.2 Nothing contained in these User Terms can be construed as creating any agency, partnership or other form of joint enterprise between us. Our failure to require your performance of any provision hereof will not affect our full right to require such performance at any time thereafter, nor may our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. You may not assign any rights granted to you hereunder, and any such attempts are void.

13. Contact

13.1 You may contact Mobytap via email at support@mobytap.com or the following mailing address:

Mobytap Ltd
Bridge House
Derby Road
Long Eaton
Nottingham
NG10 1NL

February 2021