PLEASE READ THESE LICENCE TERMS CAREFULLY
1. WHO WE ARE AND WHAT THIS AGREEMENT DOES
1.1 I Know Me Limited (“I Know Me” or, in this licence agreement, “we”, “us”, “our”) of 9 Foxwood Drive, Garryduff, Rochestown, Cork license you to use the I Know Me mobile application software (“App”) and any updates or supplements to it as permitted in these terms.
1.2 By clicking on the acceptance button which follows this Licence, you indicate acceptance of this Licence.
1.3 Please read this Licence carefully before clicking on the acceptance button. If you do not accept these terms and conditions,
you should click on the ‘reject’ button.
2. YOUR PRIVACY
2.1 We only use any personal data we collect through your use of the App in the ways set out in our privacy notice [https://iknowme.info/privacy-notice/].
2.2 Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
3. GOOGLE PLAY AND APP STORE’S TERMS ALSO APPLY
3.1 The ways in which you can use the App may also be controlled by Google Play or Apple App Store rules and policies, as applicable.
4. OPERATING SYSTEM REQUIREMENTS
4.1 This app requires a device with the minimum of amount of memory (40 MB storage and 512 MB RAM) required to operate the App and an operating system which is supported by Google Play or App Store, as applicable (“Device”).
5. SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
5.1 Support. If you want to learn more about the App or have any problems using the App, please take a look at our support resources at iknowme.info
5.2 Contacting us (including with complaints). If you think the App is faulty or misdescribed or wish to contact us for any other reason please email our customer service team at [email protected].
6. HOW WE WILL COMMUNICATE WITH YOU.
6.1 If we have to contact you, we will do so by email, using the contact details you have provided to us.
7. HOW YOU MAY USE THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON
7.1 Subject to your agreement with this Licence, you may:
(a) download a copy of the App onto 1 Device and view, use and display the App on such devices for your personal purposes only; and
(b) 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 in our sole discretion.
8. YOU MUST BE 18 TO ACCEPT THESE TERMS
8.1 You must be 18 or over to accept these terms and download the App.
9. YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE
9.1 We are giving you personally the right to use the App as set out above. You may not otherwise transfer the App 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 first remove the App from it.
10. CHANGES TO THESE TERMS
10.1 WE MAY CHANGE THESE TERMS IN OUR SOLE DISCRETION, FOR EXAMPLE (WITHOUT LIMITATION), TO REFLECT CHANGES IN LAW OR BEST PRACTICE OR TO DEAL WITH ADDITIONAL FEATURES WHICH WE INTRODUCE.
10.2 We will give you at least 30 days’ notice of any change by sending you an email with details of the change or notifying you of a change when you next start the App.
10.3 IF YOU DO NOT ACCEPT THE NOTIFIED CHANGES, YOU WILL NOT BE PERMITTED TO CONTINUE TO USE THE APP AND THE SERVICE.
11. UPDATE TO THE APP AND CHANGES TO THE SERVICE
11.1 From time to time, we may automatically update the App 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.
11.2 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.
11.3 The App will always work with the current 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 downloaded it.
12. IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
12.1 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 these terms, whether or not you own the phone or other device.
13. WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
13.1 By using the App, 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.
14. WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
14.1 The App 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).
14.2 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.
15. LICENCE RESTRICTIONS
15.1 You agree that you will:
(a) Not rent, lease, sub-license, loan, provide, or otherwise make available, the app in any form, in whole or in part to any person without prior written consent from us;
(b) Not copy the app, except as part of the normal use of the app or where it is necessary for the purpose of back-up or operational security, provided you record the location of the copy of the software and take steps to prevent unauthorised copying;
(c) Not translate, merge, adapt, vary, alter or modify, the whole or any part of the app, nor permit the app or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the app on devices as permitted in these terms;
(d) Not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the app nor attempt to do any such things,
(e) Comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the app.
16. Acceptable use restrictions
17. You must:
17.1 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;
17.2 Not infringe our intellectual property rights or those of any third party in relation to your use of the app;
17.3 Not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the app;
17.4 Not use the app in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
17.5 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.
18. Use data ownership and responsibility
18.1 You shall have all right, title and interest in all data provided by you in the app (“use data”) and you shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the use data. we do not endorse or provide any medical advice, diagnosis or treatment advice to you. you are solely responsible and assume all risks for the use data used in connection with the app, including without limitation for any loss, damage, destruction, corruption, loss of access and/or use, alteration, breach or disclosure of use data. you acknowledge and agree that you are solely responsible for and shall preserve the integrity of any and all use data, including making appropriate backups and archiving as required.
19. Intellectual property rights
19.1 YOU ACKNOWLEDGE THAT ALL INTELLECTUAL PROPERTY RIGHTS IN THE APP THROUGHOUT THE WORLD BELONG TO US, THAT RIGHTS IN THE APP ARE LICENSED (NOT SOLD) TO YOU, AND THAT YOU HAVE NO INTELLECTUAL PROPERTY RIGHTS IN, OR TO, THE APP OTHER THAN THE RIGHT TO USE THE APP IN ACCORDANCE WITH THE TERMS OF THIS LICENCE.
19.2 YOU ACKNOWLEDGE THAT YOU HAVE NO RIGHT TO HAVE ACCESS TO THE APP IN SOURCE CODE FORM.
20. No warranties.
20.1 You agree and acknowledge that the app is provided to you on an “as is” basis and we make no warranties, representations, conditions, either express or implied, about the app, whether imposed by statute or by operation of law or otherwise, and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this agreement.
21. Our responsibility to you
21.1 We are responsible to you for foreseeable loss and damage caused by us. if we fail to omply 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. you agree that, to the fullest extent permitted by law, in no event shall we be liable in contract, tort or otherwise howsoever for any of the following losses or damage (whether or not such loss or damage was foreseen, foreseeable, known or otherwise): loss of revenue, loss of actual or anticipated profits, loss of contracts, loss of the use of money, loss of anticipated savings, loss of business, loss of opportunity, loss of goodwill, loss of reputation, loss of, damage to or corruption of data, or any indirect or consequential loss howsoever caused (including, for the avoidance of doubt, whether such loss or damage is of a type specified above) whether arising out of, or in connection with, or in relation to the app or otherwise out of or in connection with or in relation to these terms.
21.2 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.
21.3 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 whatsoever for any loss of profit, loss of business, business interruption, or loss of business opportunity.
21.4 The app is provided for general information and entertainment purposes only. it does 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. although we make reasonable efforts to update the information provided by the app, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
21.5 We recommend that you back-up any content and data used in connection with the app.
21.6 The app has not been developed to meet your or any other person’s individual requirements. please check that the facilities and functions of the app (as described on the appstore site and on the website) meet your requirements.
21.7 Our provision of or support for the app may be prevented or delayed by an event outside our control in such cases, we will not be liable for failure to provide or support the app or delays caused by such events. we will endeabour to inform you promptly of the reasons for the delay or stoppage and their likely duration.
21.8 For the avoidance of doubt, our total liability in contract, tort (including, without limitation, negligence) or otherwise arising out of or in connection with or in relation to this licence shall be limited 100 euro. this limitation of liability shall have effect in relation both to any liability expressly provided for under this licence and to any liability arising by reason of the invalidity or unenforceability of any term of this agreement.
22. TERMINATION OF USE
22.1 We may end your rights to use the app at any time in our sole discretion by contacting you. if you have broken these terms in a serious way and what you have done can be put right, we will give you a reasonable opportunity to do so.
22.2 If we end your rights to use the app:
(a) You must stop all activities authorised by these terms, including your use of the app.
(b) 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, upon our request, that you have done this.
23. Other important terms
23.1 We may at any time sub-license, assign, novate, charge or deal in any other manner with any or all of its 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.
23.2 You may only sub-license, assign or novate the benefit or burden of this Licence in whole or in part, transfer your rights or your obligations under this Licence to another person or otherwise deal in any other manner with any or all of its rights and obligations under this Licence with our prior written consent.
23.3 Each of the provisions of these terms operates separately. If the whole or any part of a provision of this Licence is or becomes illegal, invalid or unenforceable, that will not affect the legality, validity or enforceability of the remainder of the provision in question or any other provision of this Licence.
23.4 This licence and any non-contractual obligations arising out of or in connection with it are governed by the laws of Ireland. The Irish courts shall have exclusive jurisdiction to hear, determine and settle any dispute arising out of or in connection with this licence or any related non-contractual obligations and you agree to submit to the exclusive jurisdiction of The Irish courts.
23.5 The express terms of this Licence and Google Play’s and/ or App store’s (terms if and as applicable) constitute the sole and entire agreement between us in relation to your use of the App and supersede all prior written and oral arrangements, understandings, representations, warranties and agreements between us in that regard (if any). You acknowledge that you are not relying, and will not seek to rely, on any arrangement, understanding, representation, warranty, agreement, term or condition which is not expressly set out in this Licence and/ or Google Play’s and/ or App store’s terms (if and as applicable).