Last updated: July 10, 2024
BY DOWNLOADING, OPENING, USING OR STREAMING THE APPLICATION YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT INSTALL OR USE THE APPLICATION.
We Physical Edge Ltd of 2 Pelham Street, London, SW7 2NG (Physical Edge) license you to use:
as permitted in these terms.
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 the latter portion of these terms in the section entitled “Privacy Policy” and it is important that you read that information.
The ways in which you can use the Application and Documentation may also be controlled by the rules and policies of any platform from which you download or stream the Application. That other source’s rules and policies will apply instead of these terms where there are differences between the two.
Without limitation, Physical Edge specifically denies any implied or express representation that Physical Edge software will be fit:
Please therefore ensure that your device is compatible with the Application before download, use or streaming.
Support. If you want to learn more about the Application or the Service or have any problems using them please contact our support team.
Contacting us (including with complaints). If you think the Application or the Service are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at reception@physical-edge.com.
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, or via the Application.
In return for your agreeing to comply with these terms you may:
You must be 18 or over to accept these terms and download or use the Application.
We are giving you personally the right to use the Application and the Service as set out in these terms. Whilst you may have sharing rights as set out in these terms, you may not otherwise transfer the Application or the Service to someone else, whether for money, for anything else or for free. If you sell or otherwise transfer any device on which the Application is installed, you must remove the Application from it.
9.1. We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce or for reasons of compatibility.
9.2. We will give you notice of any change by giving details of the change when you next start the Application.
10.1. From time to time we may automatically update the Application and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the Application for these reasons.
If you download, use or stream the Application 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.
12.1. The Application 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 for and have not checked and approved their content or their privacy policies (if any).
12.2. 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.
12.3. The Application or any Service may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates (including but not limited to Amazon affiliate links from which we may derive some portion of income or commission). We are not responsible for and have not checked and approved their content or their privacy policies (if any).
You agree that you will:
You must:
All intellectual property rights in the Application, the Documentation and the Service throughout the world belong to us (or our licensors) and the rights in the Application and the Service are licensed (not sold) to you. You have no intellectual property rights in, or to, the Application, the Documentation or the Service other than the right to use them in accordance with these terms.
16.1. We are responsible to you for foreseeable loss and damage caused by us. 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, 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.
16.2. 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.
16.3. When we are liable for damage to your property. 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 system requirements advised by us.
16.4. We are not liable for business losses. The Application is for domestic and private use. If you use the Application 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.
16.5. Limitations to the Application and the Service. The Application and the Service 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 Application or the Service. Although we make reasonable efforts to update the information provided by the Application and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
16.6. Please back-up content and data used with the Application. Where possible, we recommend that you back up any content and data used in connection with the Application, to protect yourself in case of problems with the Application or the Service.
16.7. Check that the Application and the Service are suitable for you. The Application and the Service have not been developed to meet your individual requirements. Please check that the facilities and functions of the Application and the Service (as described on the appstore site and in the Documentation) meet your requirements.
16.8. We are not responsible for events outside our control. If our provision of the Service or support for the Application or the Service 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 Service you have paid for but not received.
17.1. We may end your rights to use the Application and Service 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.
17.2. If we end your rights to use the Application and Service:
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.
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
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.
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.
Even if we delay in enforcing this agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or 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.
These terms are governed by English law and you can bring legal proceedings in respect of the Application or Service in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Application or Service in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Application or Service in either the Northern Irish or the English courts.
If you are resident outside the UK, English law will apply although you will retain the benefit of any mandatory protections given to you by the laws of your country. Where permitted, the English courts shall have jurisdiction and you shall bring legal proceedings in the English courts.
Please refer to our Privacy Policy. You agree that they constitute part of these terms. You must read our Privacy Policy before you use the Service.