Our T&Cs
Nudj limited
Mobile Application end user licence terms
These terms (“Terms”) are incorporated into the legal agreement formed between you (“you”) and Nudj Limited a company registered in England and Wales with company number 13072402, whose registered office is at 14 High Cross, Truro, Cornwall, England, TR1 2AJ(“we”, “us” or “our”).
These Terms govern your use of the following:
the mobile application known as Nudj (version number 1.0.14 (30) (“App”) and any updates or supplements to it;
the related online documentation (“Documentation”); and
the services accessible through the App and the content we provide to you through it (“Services”).
We license the use of the App and Documentation to you (the “Licence”) on the basis of these Terms and subject to any rules or policies applied by any appstore provider or operator from whose site you downloaded the App (“Appstore Rules”).
IMPORTANT NOTICE
BY DOWNLOADING THE APP OR CLICKING THE "ACCEPT" BUTTON YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, WE WILL NOT LICENSE THE APP TO YOU AND YOU MUST STOP THE DOWNLOADING PROCESS.
Operating system requirements
The App requires a mobile device with either the IOS or Android operating system.
You should print a copy of these Terms for future reference.
Agreed terms
1. How you may use the App
In return for your agreement to comply with these Terms, you may:
download a copy of the App onto your device and view, use and display the App on such device for your personal purposes only. In addition, you may share the App in accordance with the family sharing rules (if any) of the App stores from which you downloaded the App (“Permitted Sharing”);
use the Documentation to support your permitted use of the App;
provided you comply with the licence restrictions at paragraph 3 below, make one copy of the App and the Documentation for back-up purposes; and
receive and use any free updates of the App incorporating "patches" and corrections of errors as we may provide to you.
You must be 18 years old or over to accept these Terms and download the App.
2. Acceptable use restrictions
You must not:
use the App in or any Services any unlawful manner or for any unlawful purpose, in any manner inconsistent with these Terms or fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Services or any operating system;
infringe our intellectual property rights or those of any third party in relation to your use of the App or any Services (to the extent that such use is not licensed by these Terms);
transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Services; or
use the App or any Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
collect or harvest any information or data from any Services or our systems or attempt to decipher any transmissions to or from the servers running any Services.
3. Licence restrictions
You agree that you will not:
except in the course of Permitted Sharing, 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;
copy the App, Documentation 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;
translate, merge, adapt, vary, alter or modify, the whole or any part of the App, the Documentation or Services, nor permit the App or the Services or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services in accordance with these Terms;
disassemble, decompile, 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 (the “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;
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.
You agree that you will comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Services.
4. Intellectual property rights
All intellectual property rights in the App, the Documentation and the Services throughout the world, including but not limited to, copyright in the software, photos and graphics, 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, the Documentation or the Services, other than the right to use them in accordance with these Terms.
The mark is a UK registered trade mark owned by Nudj Limited. You acknowledge and agree that you are not permitted to use this mark without our prior written approval.
5. User-generated content is not approved by us
The App may include information and materials uploaded by other users of the App, including social media features. This information and these materials have not been verified or approved by us. The views expressed by other users on the App do not represent our views or values.
If you communicate with another user via the App, you agree that we assume no responsibility for that communication.
If you wish to complain about information and materials uploaded by other users please email us at nudjme@nudj.life
6. Uploading content to The App
Whenever you make use of a feature that allows you to upload content to the App, or to make contact with other users of the App, you must comply with the following content standards, which apply to any and all material which you contribute to the App (“contributions”):
Contributions must:
be accurate (where they state facts);
be genuinely held (where they state opinions); and
comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
contain any material which is defamatory of any person;
contain any material which is obscene, offensive, hateful or inflammatory;
promote sexually explicit material;
promote violence;
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
infringe any copyright, database right or trade mark of any other person;
be likely to deceive any person;
be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
promote any illegal activity;
be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
be likely to harass, upset, embarrass, alarm or annoy any other person;
be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
give the impression that they emanate from us, if this is not the case; and
advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
You must comply with the spirit and the letter of the above standards. The standards apply to each part of any contribution as well as to its whole.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to the App will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the App a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the clause below.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the App constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on the App if, in our opinion, your post does not comply with the content standards set out above.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the App.
You are solely responsible for securing and backing up your content.
7. Rights you are giving us to use material you upload
When you upload or post content to The App, you grant the following rights to use that content:
Licence Granted to Nudj Limited. You grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of and display your content in any form and on any media; and
Licence Granted to Other Users. You grant other user of, and advertisers on, the App a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use your content in connection with their use of the App.
8. You may not transfer the App to someone else
We are giving you personally the right to use the App and the Services as set out above. Whilst you may have sharing rights as set out in paragraph 1 above, you may not otherwise transfer the App and the Services 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.
9. Continuity
We will use our reasonable endeavours to ensure that access to the App is uninterrupted and that transmissions are error-free. However, we cannot, due to the nature of the internet and application software, guarantee that your access will not be suspended from time to time including to allow for repairs, maintenance or the introduction of new content or facilities.
10. Support for the App and how to tell us about problems
If you want to learn more about the App or would like assistance using it, please take a look at our support resources at www.nudj.life.
If you wish to contact us for any other reason, including to make a complaint, please email our customer service team at nudjme@nudj.life.
11. 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.
12. Our responsibility for loss or damage suffered by you
Subject to the remaining provisions of this paragraph 12, if we fail to comply 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. 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.
If defective digital content that we have supplied, damages a device or digital content belonging to you, we will either repair the damage or 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 operating system requirements advised by us.
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.
Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these Terms, shall be limited to shall in all circumstances be limited to £100,000.
We do not exclude or limit in any way, our liability to you where it would be unlawful to do so, including, but not limited to, our 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.
The App and the Services are provided for general information 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 Services. Although we make reasonable efforts to update the information provided by the App and the Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. 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.
The App and has not been developed to meet your individual requirements. Please check that the facilities and functions of the App (as described on the relevant App Store site and in the Documentation) meet your requirements.
We are not responsible for events outside our control. If our provision of the Services, 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 receive a refund for any Services you have paid for but not received.
13. If someone else owns the device you are using
If you download or stream the App onto any 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.
14. 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 our Privacy Policy.
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.
15. We are not responsible for other websites you link to
The App or any Services may contain links to other independent websites which we do not provide. 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).
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.
16. When we may end your rights to use the App
We may end your rights to use the App and Services at any time, by contacting you, if you have committed a material breach of these Terms. If your breach can be remedied, 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; and
we may remotely access your devices to remove the App from them and cease providing you with access to the Services.
We may also end your rights to use the App, on termination of the Master Licence.
17. 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.
We will endeavour to give you at least 30 days’ notice of any change, by notifying you of a change 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 Services.
18. Updates to the App and changes to the services
From time to time, we may automatically update the App and change the Services 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.
19. Miscellaneous
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 these Terms. You may not transfer your rights or your obligations under these Terms to another person.
A person who is not a party to these Terms, shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce, or enjoy the benefit of, any term.
If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms.
These Terms constitutes the entire agreement between us and supersedes and extinguishes all previous discussions, correspondence, negotiations, drafts, agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
Our failure or delay to exercise any right or remedy provided under these Terms or by law, shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict our further exercise of that or any other right or remedy. Our single or partial exercise of a right or remedy shall not prevent or restrict our further exercise of that or any other right or remedy. A waiver of any right or remedy under these Terms or by law is only effective if it is in writing.
These Terms is governed by English law and you can bring legal proceedings in respect of the App in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the App in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the App in either the Northern Irish or the English courts.
Last updated: September 2021