ReechUs Wellbeing Platform Terms of Use Agreement

Effective date: February 24, 2025

USER TERMS OF USE

PLEASE READ THESE LICENCE TERMS CAREFULLY

BY DOWNLOADING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT DOWNLOAD THE APP.

1. WHO WE ARE AND WHAT THIS AGREEMENT DOES

We, ReechUs Wellbeing Ltd, a limited company incorporated in England & Wales, whose registered office address is at 5th Floor, 167-169 Great Portland Street, London, W1W5PF, UK license you to use:

• ReechUs mobile application software, the data supplied with the software, (the “App”) and any updates or supplements to it.

• The service you connect to via the App and the content we provide to you through it (the “Service”) which shall include, in our sole discretion:

o Creating a user profile (“Account”);

o Browsing profiles of providers (“Providers”);

o Booking a video session with a Provider (“Session”);

o Participating in a video session with a Provider;

o Cancelling a video session with a Provider;

o Messaging Providers,

as permitted in these terms.

2. YOUR PRIVACY

Under data protection legislation, we are required to provide you with certain information including 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 https://www.reechus.com/privacy-policy and it is important that you read that information before downloading and/or using the App.

3. OTHER TERMS THAT MAY APPLY TO YOU

3.1. Additional Terms.

The following documents also form part of these terms:

• Our Cookie Policy [https://www.reechus.com/privacy-policy], which sets out information about the cookies used by the App.

• If you purchase goods, products or services from a third party through a redirect via the App, Provider T&Cs (see below) may apply.

3.2. Apple App Store's and Google Play’s terms also apply

The ways in which you can use the App may also be controlled by the rules and policies of the Apple and Google Play app stores [https://apple.com/legal/internet-services/terms/site.html, https://play.google.com/intl/en_uk/about/play-terms/index.html ].

3.3. Operating system requirements

This App requires a mobile phone device with a minimum of 150MB of available memory and a minimum operating system of 6.0 for Android or 12.0 for iOS.

You will be responsible for and will need to ensure that you have a working internet connection and working device in order to attend a Session. In the event of technical error only, Providers may choose to use a separate video conferencing tool to deliver the Session.

4. SUPPORT FOR THE APP (AND COMPLAINTS)

4.1. Support. If you want to learn more about the App or the Service or have any problems using them please contact support@reechus.com.

4.2. Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to (acting reasonably and in good faith) contact us for any other reason please email our customer service team at info@reechus.com. You may also contact us to complain about any content you believe is illegal, unlawful, harmful or pornographic or about any Provider who has acted in an abusive, disrespectful, inappropriate or harmful manner towards you. We will investigate such complaints and may, in our discretion, remove such content and/or Provider from the App if necessary.

4.3. How we will communicate with you. If we have to contact you we will do so by email, using the contact details you have provided to us.

5. HOW YOU MAY USE THE APP (INCLUDING HOW MANY DEVICES YOU MAY USE IT ON)

5.1. In return for your agreeing to comply with these terms you may:

• download or stream a copy of the App onto one mobile telephone device and view, use and display the App and the Service on such device for your personal purposes only; and

• 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.

5.2. You must be 18 to accept these terms and download the App.

By downloading and/or using this App you represent that you are at least 18 years of age and you may legally agree to this agreement. We assume no responsibility (nor do we accept any) for any liabilities related to age misrepresentation and you hereby indemnify and hold us harmless against any claim arising out of or relating thereto.

5.3. Creating an account.

In order to enjoy access to the App (and the Services) you may be required to create and register for an account on the App (“Account”) and provide personal and/or private information.

When registering for an Account, you agree to the following specific rules:

• provide true, accurate, current and complete information (and will not impersonate another);

• maintain and update this information to keep it true, accurate, current and complete;

• protect and prevent unauthorized access to your account;

• immediately notify us of any suspected or actual unauthorised use of your account or breach of your security.

Please note that you are solely responsible for all activities that occur under your Account, whether or not you authorised the activity and we are not liable for any loss or damage to you or any third party arising out of your failure to abide by these account rules and you hereby indemnify and hold us harmless against any claim arising out of or relating thereto. We reserve all rights to terminate, delete and/or cancel Accounts and to edit and/or remove content at our sole discretion.

5.4. You may not transfer the App or the Services to someone else

We are giving you personally the right to use the App and the Service subject to these terms. Only you will be able to attend booked Sessions. You may not otherwise transfer the App or the Service, or your Account to someone else. If you sell any device on which the App is installed, you must first remove the App from it. We assume no responsibility (nor do we accept any) for any liabilities related to such a transfer and you hereby indemnify and hold us harmless against any claim arising out of or relating thereto.

5.5. If someone else owns the phone or device you are using

If you download or stream 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.

5.6. Sessions

Providers supply services and the Sessions directly to you and your contract is directly with them. We are not a party to any contract or dealings you have with them, which are subject to their own terms and conditions (“Provider T&Cs”). Any arrangement, booking or contract for the provision of advice, coaching assistance, treatment, procedure or Session with any Provider listed on the App is made directly between you and the Provider and we are not a party to such arrangement, booking or contract. We are not responsible in any way whatsoever for any acts, omissions or default, or otherwise, of Providers (or their personnel) in relation to their contract or interactions with you. Our agreement with you is limited to your rights in the terms above. You acknowledge and agree that any complaint, grievance or any claim you may have that is in any way connected with a Provider and/or Provider’s business must be addressed and/or brought directly against the Provider and/or the Provider’s business and not against us. Sessions vary in length from 30 minutes to 60 minutes. If you are not satisfied with the length or quality of service provided please contact support@reechus.com.

Updates to Providers’ terms and conditions. Provider T&Cs, including prices, terms, conditions, procedures and licenses are subject to change. You must familiarise yourself with them and make sure you are happy with them before engaging. Providers may choose to terminate their services to a client at any time and vice versa.

Session Caps. There is a cap on the number of each type of Session that can be offered to each user, as follows:

• Financial coaching sessions are capped at 4 sessions per calendar year. Financial Coaching sessions are outsourced to Fintuity, and we are not liable for their acts or ommissions. If you wish to pursue additional financial advice with Fintuity, you may do so privately at your own expense. ReechUs is not regulated to provide financial advice.

• Personal training sessions are capped at 6 per calendar year. The personal trainer acts as a coach and the video sessions are for support and guidance only. The training program will be delivered on a separate app, “ReechUs Trainer”. Users will be expected to exercise independently and follow nutritional guidance if relevant. We are not liable for errors within technology of ReechUs Trainer.

• Specialist drop in clinics are capped at 4 per user per year. Due to the unique nature of these services, if you require further support beyond these particular sessions, you may pursue a private agreement with the Provider at your own expense which will be done outside of the App and subject to contract with the relevant Provider.

Booking and cancellation of Sessions. Sessions are not booked until they have been confirmed by the Provider. If you cannot attend a booked Session, you must cancel it by giving at least 12 hours’ notice via the App. Sessions cancelled within 12 hours or Sessions that you fail to attend will be deducted from your company package in full. Users that cancel within 12 hours of session start time or fail to attend 3 sessions will be barred from using the App for the remainder of the quarter.

5.7. Messages

You may, subject to these terms (including any acceptable use policy and license restrictions) send messages to Providers via the App. Please note that:

• You are entirely responsible for all of your messages and we are not responsible for them; and

• We may delete your message if we believe it violates this agreement.

5.8. Licence restrictions

You agree that you will:

• 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 these 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:

o is not disclosed or communicated without the Licensor's 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

o is not used to create any software that is substantially similar in its expression to the App;

o is kept secure; and

o is used only for the Permitted Objective;

• 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.

5.9. Acceptable Use Restrictions (acceptable/prohibited use policy)

You must:

• not use the App or any Service in any unlawful, fraudulent or illegal manner, for any unlawful, fraudulent or illegal 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;

• 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 (to the extent that such use is not licensed by these terms);

• not share, transmit or upload any content, material or message:

o which may reasonably cause harm to other users or otherwise share or upload any content or material which could be considered illegal, unlawful, harmful or pornographic;

o that is defamatory, offensive, abusive or otherwise objectionable in relation to your use of the App or any Service;

• not use the App or any Service to make sexual advances, harass, intimidate or abuse us or any Provider;

• not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with Providers;

• 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; and

• not encourage another person, individual or business to breach any of the above restrictions in this section.

5.10. 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.

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.

Sessions missed on account of technological error on the part of the User will be deducted from the company’s package.

5.11. Changes to these terms

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.

To the extent legally permissible, we will give you notice (by any means) 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.

If you do not accept the notified changes you either: (i) may continue to use the App and the Service in accordance with the existing terms but certain new features may not be available to you or (ii) will not be permitted to continue to use the App and the Service.

6. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the App and 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 and may altered, modified or revoked in accordance with these terms.

You have no intellectual property rights in, or to, the App or the Services other than the right to use them in accordance with these terms.

7. OUR RESPONSIBILITY

7.1. We are not responsible for other websites or services you link to.

The App or any Service 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 (nor liable) for (and have not checked and approved) their content, services or their privacy policies (if any). You will need to make your own independent judgement about whether to access such websites and/or to use any such independent sites.

We also don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people, Providers or companies, even if you access them through the App or our Service.

7.2. Our Service is provided "as is".

7.3. Responsibility for foreseeable loss and damage caused by us.

If we fail to comply with these terms, and are unable to remedy such accordingly, we may be responsible for direct loss or direct damage you suffer (as adjudged by a final court of competent jurisdiction) that is a foreseeable result of our breaking these terms but we are not responsible for any loss or damage that is not foreseeable or direct. 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. Nothing shall limit your general duty to mitigate damages and any claim for breach shall be promptly notified to us first so we may try to remedy it.

7.4. 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 for fraud.

7.5. Damage to your property.

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, or where such damage is otherwise the result of your incorrect, fraudulent, unlawful or illegal use of the App.

7.6. Limitations to the App and the Services.

The App and the Services 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. We make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Furthermore, notwithstanding anything to the contrary in this agreement and/or in the App (or communicated therein), you are expected to:

• conduct your own comprehensive and careful research into medical treatments, procedures and services;

• strongly consider, review and evaluate your own personal, financial and medical circumstances in full; and

• always consult a licensed professional.

Neither we (including our personnel), nor the App (or any information, content or materials uploaded, transmitted or shared therein), are offering, providing or recommending any financial or medical advice, nor should the information, content and/or materials found on or within the App (or any the Services) be substituted for medical or financial advice.

Whilst we do have certain onboarding processes for Providers, we make no claim as to any Provider’s professional qualifications, expertise, eligibility, quality of work, price or cost information, insurance coverage, benefit information or other content. We are not liable to you or anyone else for any decision made or action taken by you in reliance on any such Provider content. You are ultimately responsible for choosing your own Provider.

7.7. Please back-up content and data used with the App.

We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.

7.8. 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 appstore site) meet your requirements.

7.9. 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 use commercially reasonable endeavours to: contact you as soon as possible to let you know and we will use commercially reasonable efforts to take steps to minimise the effect of the delay. 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 this agreement with us.

8. WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICES IF YOU BREAK THESE TERMS

We may end your rights to use the App and Services at any time by contacting you if you have broken these terms. 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 these 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.

We may remotely access your devices and remove the App from them and cease providing you with access to the Services.

Indemnity. You agree to defend and indemnify us from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable professional fees, that arise from or relate to your use or misuse of, or access to the App, or the Services and otherwise from your breach or violation of these terms.

9. MISCELLANEOUS

9.1. We may transfer this agreement to someone else.

We may transfer our 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.

9.2. You need our consent to transfer your rights to someone else.

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

9.3. No rights for third parties.

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

9.4. If a court finds part of this contract illegal, the rest will continue in force.

Each of the paragraphs of these 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.

9.5. Even if we delay in enforcing this contract, we can still enforce it later.

Even if we delay in enforcing this agreement, we can still enforce it later. If we delay in taking steps against you in respect of your breaking this agreement, 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.

9.6. Which laws apply to this agreement and where you may bring legal proceedings.

These terms are governed by English law and you can bring legal proceedings in the English courts.

PROVIDER TERMS OF USE

PLEASE READ THESE LICENCE TERMS CAREFULLY

BY DOWNLOADING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT DOWNLOAD THE APP.

1. WHO WE ARE AND WHAT THIS AGREEMENT DOES

We, ReechUs Wellbeing Ltd, a limited company incorporated in England & Wales, whose registered office address is at 5th Floor, 167-169 Great Portland Street, London, W1W5PF UK license you to use:

• ReechUs Pro mobile application software, the data supplied with the software, (the “App”) and any updates or supplements to it.

• The service you connect to via the App and the content we provide to you through it (the “Service”) which shall include, in our sole discretion:

o Creating a profile (“Provider Account”);

o Setting calendar availability for the provision of your services to personal users of the App (“App Clients”);

o Accepting/rejecting video session (“Session”) booking requests from an App Client;

o Cancelling a Session booking with an App Client;

o Delivering Sessions to App Clients;

o Viewing past Sessions with App Clients;

o Viewing existing App Clients list connected with you

o Messaging App Clients),

as permitted in these terms.

2. YOUR PRIVACY

3. OTHER TERMS THAT MAY APPLY TO YOU

3.1. Additional Terms.

The following documents also form part of these terms:

• Our Cookie Policy https://www.reechus.com/privacy-policy which sets out information about the cookies used by the App.

• The terms of this agreement shall apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing, but you acknowledge that we may agree additional terms with you if you are a business and/or a Provider (see below) on the App.

3.2. Apple App Store's and Google Play’s terms also apply

3.3. Operating system requirements

This App requires a mobile phone device with a minimum of 250MB of available memory and a minimum operating system of 6.0 for Android or 12.0 for iOS.

You will be responsible for and will need to ensure that you have a working internet connection and working device in order to deliver Sessions to App Clients.

In the event of a documented technical error only, you may choose to use a separate video conferencing tool to deliver the Session.

4. SUPPORT FOR THE APP (AND COMPLAINTS)

4.1. Support. If you want to learn more about the App or the Service or have any problems using them please contact support@reechus.com.

4.2. Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to (acting reasonably and in good faith) contact us for any other reason please email our customer service team at info@reechus.com. You may also contact us to complain about any content you believe is illegal, unlawful, harmful or pornographic, or about any App Client who has acted in an abusive, disrespectful, inappropriate or harmful manner towards you. We will investigate such complaints and remove any such content or user if necessary.

4.3. How we will communicate with you. If we have to contact you we will do so by email, using the contact details you have provided to us.

5. HOW YOU MAY USE THE APP (INCLUDING HOW MANY DEVICES YOU MAY USE IT ON)

5.1. In return for your agreeing to comply with these terms you may:

• download or stream a copy of the App onto one mobile telephone device and view, use and display the App and the Service on such device for your personal purposes only; and

• provided you comply with the License Restrictions [clause 5.9], you may make multiple copies of the App for back-up purposes; and

• 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.

5.2. You must be 18 to accept these terms and download the App.

By downloading and/or using this App you represent that you (or, where you are a business, your officer or director who will manage and utilize your Account) are at least 18 years of age and you may legally agree to this agreement. We assume no responsibility (nor do we accept any) for any liabilities related to age misrepresentation and you hereby indemnify and hold us harmless against any claim arising out of or relating thereto.

5.3. Creating an account.

Account. In order to enjoy access to the App (and the Services) you may be required to create and register for an account on the App (“Account”) and provide personal and/or private information.

Onboarding. Before creating an Account, you may be subject to verification. Furthermore at any time you shall be required to complete certain onboarding procedures, which may include but are not limited to: account creation and other compliance or onboarding procedures and checks, including periodically during the term of the agreement (“Onboarding”). You agree to cooperate with us or relevant third-party providers of Onboarding products (without delay) so that it can be completed promptly, and you authorise us to share your personal data with said providers for the purpose of carrying out such procedures and checks. You shall immediately upon request provide us with all copies of insurances, certifications, licenses, approvals, verifications and professional qualifications and shall immediately notify us if you are the subject of any claim, dispute, litigation, civil action, criminal investigation or proceeding. Your Account may be immediately suspended, withdrawn or deleted by us in our sole discretion if at any time you fail to comply with the Onboarding.

When registering for an Account, you agree to the following specific rules:

• provide true, accurate, current and complete information (and will not impersonate another);

• maintain and update this information to keep it true, accurate, current and complete;

• protect and prevent unauthorized access to your account;

• immediately notify us of any suspected or actual unauthorised use of your account or breach of your security.

Your responsibility. Please note that you are solely responsible for all activities that occur under your Account, whether or not you authorised the activity and we are not liable for any loss or damage to you or any third party arising out of your failure to abide by these account rules and you hereby indemnify and hold us harmless against any claim arising out of or relating thereto. We reserve all rights to terminate, delete and/or cancel accounts and to edit and/or remove Content at our sole discretion.

5.4. Providing your services to App clients

• Providing Services. Once you have created an Account, subject to applicable laws and these terms, you may advertise, list, market or promote the supply of your services directly to App Clients and your contract is directly with them. We are not a party to any contract or dealings you have with them and you are ultimately responsible for deciding whether to provide services to them or not. You may choose to terminate their services to an App Client at any time. The App Client may choose to use a different provider and vice versa. We are not responsible in any way whatsoever for any acts, omissions or default, or otherwise, App Clients in relation to their contract or interactions with you.

• Availability. You are solely responsible for and must set your availability in the App. You are expected to provide a minimum of 5 hours per week availability, unless otherwise agreed with us in writing. You shall notify us immediately in the event of any periods of sickness, ill health or holidays.

• Booking and cancellations. Sessions are not booked until approved by you. You must accept or reject bookings as soon as possible. Booked Sessions must be cancelled by you with at least 24 hours’ notice. We will reconsider each provider’s suitability in the event that they have either failed to attend, or cancelled, multiple Sessions.

• Conduct. You shall engage with App Clients in a reasonable, professional, respectful and courteous manner and will at all times comply with applicable laws. Failure to stick to minimum session lengths as agreed may result in dismissal.

• Sessions are confidential. You shall not reference other App Clients within the Sessions.

• Conflict of Interest. If you believe there is a conflict of interest you should report it to us so that we may re-assign an App client to another provider.

• Duty of care. You are bound by applicable duty of care laws and you will contact the appropriate emergency services if you believe an App Client is at risk to themselves or others.

• Sessions are personal for the App Client only. Family and/or friends may not attend a Session in place of the booked App Client. You must notify us immediately if an App Client has booked a Session, but a different person attends or otherwise attempts to attend a Session.

• Session Caps. There is a cap on the number of each type of Session that can be offered to an App Client and this shall be notified to you. It is your duty to manage the Session cap.

o Specialist drop in clinics are capped at 4 per user per year. Due to the unique nature of these services, if the App Client requires further support beyond these sessions, they may pursue a private agreement with the permission of ReechUs ONLY. At this point they will pay privately for the services and they will be done outside of the ReechUs App. For permission to continue a client relationship, contact info@reechus.com. Unless expressly agreed by ReechUs, providers do not have the right to sell products and services to App Clients under the ReechUs program.

o Personal training sessions are capped at 6 per user per calendar year. Personal Trainers should issue users with a 3 month exercise and nutrition program on The ReechUs Trainer App and conduct fortnightly check in calls with clients on the ReechUs Pro App. For permission to continue a client relationship beyond the 3 months, contact info@reechus.com. Unless expressly agreed by ReechUs, providers do not have the right to sell products and services to App Clients under the ReechUs program.

5.5. Your obligations. You represent, undertake and warrant to us that you and your business:

• are licensed professionals and have the necessary skill, experience, and expertise to list, advertise, promote, solicit and deliver your indicated services via the App;

• have not been (i) cautioned, (ii) found guilty of any crime and (ii) subject to any claim, dispute, litigation or civil action, nor are you currently subject to any of the foregoing;

• shall maintain all required and necessary authorisations, insurances, registrations, permits, licenses, certifications and approvals;

• comply with all laws and regulations relating to its activities under the agreement,

any breach by you of any of the above representations may lead to the immediate deletion of your Account and you shall indemnify and hold us harmless from and against any claim, damage, loss and expense arising therefrom.

5.6. 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 above. You may not otherwise transfer the App or the Service, or your Account 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. We assume no responsibility (nor do we accept any) for any liabilities related to such a transfer and you hereby indemnify and hold us harmless against any claim arising out of or relating thereto.

5.7. If someone else owns the phone or device you are using

5.8. Messaging

You may, subject to these terms (including any acceptable use policy and license restrictions) upload, communicate transmit or otherwise make available via the App or our Services images, graphics, videos, materials, messages, pictures and content (“Content”). You may also delete your Content from your Account. Please note that:

• You are entirely responsible for all of your Content and we are not responsible for your Content; and

• We may delete your Content if we believe it violates this agreement.

5.9. Licence restrictions

You agree that you will:

• 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;

o is not used to create any software that is substantially similar in its expression to the App;

o is kept secure; and

o is used only for the Permitted Objective;

• 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.

5.10. Acceptable Use Restrictions (acceptable/prohibited use policy)

You must:

• 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 (to the extent that such use is not licensed by these terms);

• not share, transmit or upload any Content:

o which may reasonably cause harm to other users or otherwise share or upload any content or material which could be considered illegal, unlawful, harmful or pornographic;

o that is defamatory, offensive, abusive or otherwise objectionable in relation to your use of the App or any Service;

• not use the App or any Service to make sexual advances, harass, intimidate or abuse us or any App Client;

• not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with App Clients;

• 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; and

• not encourage another person, individual or business to breach any of the above restrictions in this section.

5.11. 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.

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.

5.12. Changes to these terms

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.

To the extent legally permissible, we will give you notice (by any means) of any change by sending you an SMS or email with details of the change or notifying you of a change when you next start the App.

6. INTELLECTUAL PROPERTY RIGHTS

You have no intellectual property rights in, or to, the App or the Services other than the right to use them in accordance with these terms.

You represent that you have or will obtain all necessary rights to your Content. When you share, transmit post, or upload Content that is covered by intellectual property rights on or in connection with our App and/or Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your Content (consistent with your privacy and application settings). This license will end when your Content and Account are deleted from our systems. You can delete Content individually or all at once by deleting your Account. We (or our group companies) may retain copies of your Content for legal, regulatory, compliance, data archiving and/or judicial purposes even after you have deleted your Content, Account or the App.

7. OUR RESPONSIBILITY

7.1. We are not responsible for other websites or services you link to.

We also don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline).

7.2. Our Service is provided "as is".

We cannot guarantee our App or the Services will be safe and secure or will work perfectly all the time, or otherwise be suitable for your intended use. We make no guarantee as to particular outcomes or results. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED.

7.3. Responsibility for foreseeable loss and damage caused by us.

If we fail to comply with these terms, and are unable to remedy such accordingly, we may be responsible for direct loss or direct damage you suffer (as adjudged by a final court of competent jurisdiction) that is a foreseeable result of our breaking these terms but we are not responsible for any loss or damage that is not foreseeable or direct. Any claim should be brought within 12 months of breach. 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. Nothing shall limit your general duty to mitigate damages and any claim for breach shall be promptly notified to us first so we may try to remedy it.

7.4. 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 for fraud.

7.5. Damage to your property.

7.6. 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, or any unlawful purpose, we will have no liability to you for any indirect or consequential losses, loss of profit, loss of revenue, loss of business, loss of goodwill, business interruption, or loss of business opportunity.

7.7. Please back-up content and data used with the App.

We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.

7.8. Check that the App and the Services are suitable for you.

7.9. We are not responsible for events outside our control.

8. WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICES IF YOU BREAK THESE TERMS

If we end your rights to use the App and Services:

• You must stop all activities authorised by these 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.

We may remotely access your devices and remove the App from them and cease providing you with access to the Services.

9. MISCELLANEOUS

9.1. We may transfer this agreement to someone else.

9.2. You need our consent to transfer your rights to someone else.

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

9.3. No rights for third parties.

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

9.4. If a court finds part of this contract illegal, the rest will continue in force.

Each of the paragraphs of these 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.

9.5. Even if we delay in enforcing this contract, we can still enforce it later.

9.6. Which laws apply to this agreement and where you may bring legal proceedings.

These terms are governed by English law and you can bring legal proceedings in the English courts.

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