Terms and Conditions

Please read these Terms and Conditions carefully before downloading/using any mobile applications (“Apps”) or using cloud services developed by Fire & Security Apps Ltd.

Your access to and use of the apps and cloud services is conditional on your acceptance of and compliance with these Terms and Conditions (“T&Cs”). These T&Cs apply to all visitors, users and others who access or use the apps or cloud services.

By accessing or using the apps or cloud services you agree to be bound by these T&Cs. If you disagree with any part of the T&Cs, then you may not access the apps or cloud services.

1. Definitions

    1.1 "Seller" refers to Fire & Security Apps Ltd.

    1.2 "Buyer" refers to the third-party individual, or business who downloads or installs an application or uses a cloud service developed by Fire & Security Apps Ltd.

2. Download & Use of the App

    2.1 It is strongly recommended that the buyer only downloads the seller’s mobile applications directly from the seller or from The Apple App Store or Google Play Store. Doing so will ensure that their apps are legitimate and safe from malicious software.

    2.2. The seller is committed to ensuring that all apps are as useful and efficient as possible. For that reason, they reserve the right to make changes to the apps, withdraw the apps, or to charge for its services, at any time and for any reason. They will never charge the buyer for the app or its services without making it very clear exactly what they paying for. The seller may amend these terms from time to time. The buyer is encouraged to check these terms regularly to ensure they understand the terms that apply at that time.

    2.3. The seller creates apps which store and process personal data that the buyer has provided to them so that they can control their alarm system. The seller’s privacy policy is available at http://fireandsecurityapps.co.uk/privacy-policy.html and is subject to change from time to time It is the buyer’s responsibility to keep their phone and access to the app secure. The seller therefore recommends that the buyer does not jailbreak or root their mobile device which is the process of removing software restrictions and limitations imposed by the official operating system of their device. It could make the buyer’s phone vulnerable to malware/viruses/malicious programs, compromise their phone’s security features and it could mean that the seller’s apps won’t work properly or at all.

    2.4. The buyer acknowledges that an active internet connection is required at all times for correct operation of cloud services and apps and that these internet connections are outside the scope of the seller’s control. The seller does not take any responsibility for the system or app not working due to failure of internet communications.

    2.5. If the buyer is using the app via a mobile data connection they should remember that their terms of agreement with their mobile network provider will still apply. As a result, they may be charged by their mobile provider for the cost of data while accessing the app. In using the app, they are accepting responsibility for any such charges, including roaming data charges if they use the app outside of their home territory (i.e. region or country) without turning off data roaming. If they are not the bill payer for the device on which they’re using the app, please be aware that the seller will assume that they have received permission from the bill payer for using the app.

3. Updates, Suspension & Termination of Services

    3.1. At some point the seller may wish to update the app. The app is currently available on Android and iOS – the requirements for both systems (and for any additional systems the seller decides to extend the availability of the app to) may change, and the buyer will need to download the updates if they want to keep using the app. The seller does not undertake to always update the app so that it is relevant to the buyer and/or works with the iOS/Android version that the buyer has installed on their device. However, the buyer undertakes to always accept updates to the application when offered to them.

    3.2. The seller may also wish to stop providing the app and may terminate use of it at any time without giving notice of termination to the buyer. Unless the seller tells the buyer otherwise, upon any termination, (a) the rights and licenses granted to the buyer in these terms will end; (b) the buyer must stop using the app, and (if needed) delete it from their device.

4. Trademarks & Intellectual Property Rights

    4.1. The buyer is not allowed to copy, or modify these apps, any part of the apps, or trademarks in any way. The buyer is not allowed to attempt to extract the source code of the apps, to translate the apps into other languages, or make derivative versions. The apps themselves, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to the seller.

    4.2. The buyer agrees that the apps the seller provides, including graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the apps, contains proprietary information and material that is owned by the seller and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright.

    4.3. The buyer agrees that they will not use such proprietary information or materials in any way whatsoever except for use of the app in compliance with this agreement. No portion of the app may be reproduced in any form, or by any means, except as expressly permitted in these terms. The buyer agrees not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the app in any manner, and they shall not exploit the app in any unauthorised way whatsoever, including, but not limited to, by trespass or burdening network capacity.

5. Limitation of Liability

    5.1. The seller’s entire liability, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to reimbursement of any cost made to purchase the app and shall in no circumstances exceed 100% of the price of the app sold to the buyer.

    5.2. Nothing in these terms and conditions shall serve to limit or exclude either the buyers or seller’s liability for:

      5.2.1. Death or personal injury caused by gross negligence.

      5.2.2. Fraud or fraudulent misrepresentation.

      5.2.3. Wilful misconduct.

      5.2.4. Any matter in respect of which it would be excluded or limited liability by law.

    5.3. The seller accepts no liability for any and all direct, indirect or consequential losses or damages arising from, or in connection with the use of the Apps, Cloud Services, the internet or other communication services by the buyer, or their employees, customers and others.

    5.4. The buyer acknowledges that the use of the seller’s app and/or cloud services is fully at the risk and liability of the buyer and that they are responsible for the validation of the suitability of this app.

    5.5. The seller does not guarantee, represent, or warrant that the buyer’s use of the apps will be uninterrupted or error-free, and the buyer agrees that from time to time the seller may remove the apps for indefinite periods of time, or cancel the service, at any time, without notice to the buyer.

    5.6. The buyer expressly agrees that their use of, or inability to use, the apps is at their sole risk. The apps and all products and services delivered to the buyer by the seller are provided ‘as is’ and ‘as available’.

    5.7. The seller will not accept any liability based on a claim that their applications failed to perform correctly as it is a component part of a system and not a complete intruder alarm system.

6. Miscellaneous

    6.1. Severance: Each section of these terms and conditions is separate and severable, therefore if any section becomes invalid, the validity and enforceability of the other terms and conditions remain.

    6.2. Waiver: No failure or delay to exercise a right listed in this contract constitutes a waiver of that, or any other right.

    6.3. Variation: No variation of these terms and conditions shall be enforceable unless confirmed in writing by both the buyer and seller.

    6.4. Law & Jurisdiction: These terms and conditions shall be governed by and construed in accordance with the law of England.

    6.5. Assignment: The seller may at any time assign all or any of its rights and obligations of the contract to any other person. The buyer may not assign all or any of its rights and obligations of the contract to any other person without the written consent of the seller.

    6.6. Third Party Rights: None of the terms and conditions outlined are enforceable by any person who is not a party to it.

    6.7. Agreement: These terms and conditions supersede any prior proposals, agreements, terms and conditions or other of the seller and are to the exclusion of all other terms and conditions.

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