2. The App

2.1 Except for the content you upload to the App, we are the owner or the licensee of all intellectual property rights in the App, and in the content published on it. You may access and view the content on the App in order to use the YUV equipment provided to you.

2.2 You must not re-sell, sublicense or distribute any part of the content on the App.

2.3 We do not guarantee that the App will be secure or free from bugs or viruses. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the App or to your downloading of any content on it, or on any App linked to it.

2.4 To create your account, you must provide us with a user name and telephone number.  You shall maintain the confidentiality of the credentials used to access the App and you shall not permit or assist anyone else to access the App through your credentials.  

2.5 The App must not be used for any unauthorised or unlawful purpose. In particular, you agree not to:

2.6 We  may freely use any anonymous data that we learn, acquire or obtain in connection with your use of the App in order to improve, review and analyse our services and business generally.  

3. Availability of App

3.1 We shall use reasonable endeavours to make the App available at all times, but you acknowledge that there may be occasions when access to the App may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.   You should promptly report any fault in access to the App to us and we shall use all best efforts to remedy the fault as soon as commercially possible.

3.2 We reserve the right to remove any content or features from the App for any reason, without prior notice, and shall have no liability or responsibility to you in any manner whatsoever in such circumstances.  

3.3 You shall not act in a way which could risk overloading, impairing or damaging access to the App and supporting infrastructure. If at any time your access to and/or use of the App is excessive and as a result impacts on other users’ ability to access the App, we shall notify you accordingly and you shall promptly take appropriate steps to remedy such use.  

4. Your Content

4.1 You warrant that in respect of the content you upload to the App that (a) the content is not in breach of any law, statute, or regulation; (b) the content does not contain any viruses or other computer programs intended to damage, detrimentally interfere with and/or surreptitiously intercept any system, network or platform; and (c) use by us of the content in shall not infringe the rights of a third party, including intellectual property rights and rights of privacy.  

4.2 All information you upload to the App, including your client information is also accessible by the owner of the business that has entered into the Business Agreement.

4.3 When you use the App you can create different colour shades for our products.
You agree that we own all rights, including copyrights, in such colour shades and
accordingly, to the extent that you acquire any right, title or interests in such colour
shades, you hereby assign all such right, title and interest to us.

5. Limitation of our liability

5.1 Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, for our fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited by English law.  

5.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the App or any content on it.

5.3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, the App; or use of or reliance on any content displayed on the App.  In particular, we will not be liable for loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.

6. Termination

6.1 Your right to use this App terminates immediately if the Business Agreement terminates for any reason.

6.2 We may also terminate your access to the App if with immediate effect if you commit any material breach of any of the terms of these Terms and if such breach is capable of remedy fail to remedy that breach within 14  (fourteen) days of being notified of the breach.

6.3 Upon termination you may no longer access the App and you acknowledge that your content may be deleted by us.

6.4 Termination shall not affect the accrued rights of the parties.  

7. Applicable law

These Terms are governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.  

8. Additional Terms for Users who download the App from the Apple App Store

We both acknowledge that these Terms are concluded between you and us only, and not with Apple, and therefore, we, not Apple, are solely responsible for the App and the content thereof.

The licence granted to you for the App is limited to a non transferable licence to use the App on any Apple branded products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms and Conditions.

We, not Apple, are solely responsible for providing any maintenance and support services with respect to the App as specified in these Term of Uses. We both acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in these Terms. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

We both acknowledge that we, not Apple, are responsible for addressing any claims by you or any third-party relating to the App  or your use or possession of the App, including, but not limited to (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy or similar legislation.

We both acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third-party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

We both acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.