Terms & Conditions: Business

Apps2Data (Trading) Limited – Apps2Data Subscription Services Terms and Conditions – Business Customers

  1. About These Terms and Conditions
    • These terms and conditions (the “Terms and Conditions“) set out your legal rights and responsibilities, our legal rights and responsibilities and certain key information required by law.
    • In these Terms and Conditions, “we“, “us” or “our” means Apps2Data (Trading) Limited, a company incorporated in England (registered number 10795314) whose registered office is at 71 Queen Victoria Street, London, EC4V 4BE and “you” or “your” means the person (whether a natural person, corporate person or unincorporated business) purchasing Services (defined below) from us.
    • These are the terms and conditions which apply to our supply to you of a real-time data monitoring and alerts service which helps:
      • individuals monitor their and their family’s data usage and roaming;
      • businesses monitor the data usage and roaming of their employees,

(the “Services” and each of them being a “Service“) using our software known as Apps2Data and our Mobile App available for certain iOS and Android mobile devices (together, the “Software“) following registration with us through our website (the “Site“).  If you subscribe to our Services you agree to be legally bound by these Terms and Conditions. You should read these Terms and Conditions carefully before purchasing our Services and should not order any of the Services unless you accept these Terms and Conditions. If you use any of the Services or our Software, then your use will be subject to these Terms and Conditions.

  • When buying any of our Services you also agree to be legally bound by:
    • the specific terms which apply to the provision of Services to you, which terms are set out in these Terms and Conditions;
    • our Site terms and conditions and any documents referred to in them; and
    • any additional terms which may add to, or replace some of, these Terms and Conditions. This may happen to enable us to comply with changes to applicable legislation, regulatory requirements or industry standards in relation to the Services or to enable us to modify the way in which we provide the Services to you (provided that this does not materially adversely impact the Services delivered to you). We will inform you of a change either (i) through the Services, when you next login to your User Account (defined below), or (ii) by e-mail.
  • If you don’t understand any of these Terms and Conditions and want to ask us about them, please contact us by email: support@apps2data.com
  1. INFORMATION ABOUT THE SITE, THE SOFTWARE AND THE SERVICES
    • Information Provided on Our Site
      • We try to make sure that all information on the Site, including descriptions of the Software and the Services and Subscription Fees (defined below), is accurate and correct at all times. However, mistakes do happen. We will try to resolve all errors in information on the Site as soon as reasonably possible and if we think that such an error has affected you we will try to let you know.
      • If we discover an error in the Subscription Fees for the Services we will inform you as soon as reasonably possible. You will then be given the option of re-confirming your Agreement (defined below) at the correct price or cancelling your Agreement.
      • If we are unable to contact you using the contact details you provided when you registered with us we will treat the Order (defined below) as cancelled and notify you by email.
      • If you decide to cancel your Agreement after we have informed you of a pricing error and you have already paid for the Services, we will give you a full refund as soon as reasonably possible (and in any event within thirty (30) days of cancellation).
    • Security

We will do our best to check the Site and Software for viruses but we do not warrant that the Site or Software is free of viruses or other malicious content. For your own benefit, you should make sure that you have appropriate software and systems in place to check for viruses and other malicious content

  • Quality, Availability and Discontinuance of the Services
    • We agree to provide the Services with reasonable skill and care and in accordance with all applicable laws and regulations.
    • We shall use commercially reasonable efforts to make the Services available 24 hours a day, seven days a week, except for routine and emergency maintenance. However, access to the Services is not guaranteed. From time to time we may withdraw or amend any of the content and services provided via the Services without notice, provided that if we intend to stop providing the Services or making available the Software after we have accepted an Order then, without prejudice to our other rights under these Terms and Conditions, we will give you thirty (30) days prior written notice and will refund you any Subscription Fees paid by you in advance that relate to the period after the date on which such notice expires. We will not be liable if the Services or any content is unavailable at any time for any reason. From time to time, we may restrict access to some parts of the Services, or the entire Services, including to users who have registered with us.
    • You are responsible for making all arrangements necessary for you to have access to the Services (for example ensuring you have an available internet connection or mobile phone reception).
    • You acknowledge that the Services are dependent upon other people (third parties). We will try to ensure that the Services are available to you at all times, though we can’t promise that the Services will always be available or work perfectly (for example, in the case of maintenance, fraud, or a fault in the systems used to provide the Services). These events are outside of our control.
  1. your obligations
    • System Requirements
      • In order to benefit from the Services you must ensure that:
        • you provide us with all information and data requested by us, and configure the mobile devices registered with us under your User Account as is required in order to receive the benefit of the Services;
        • any information and / or data you provide to us is accurate and up to date;
        • you comply with all compatibility and system requirements notified by us to you from time to time (whether through the Site, notifications to your mobile device or otherwise) including instructions with regard to your use of the App and the mobile device(s) registered with us under your User Account and the configuration of such device(s),

and we shall not be liable to you for any loss, liability, loss of service or inconvenience suffered by you as a result of your failure to comply with the obligations set out in this Clause 3.1.

  • Acceptable use of the Services
    • When you accept these Terms and Conditions, you will have the right to access and use the Services and any Software that forms part of the Services in accordance with these Terms and Conditions and subject to any additional conditions specified in any Order acknowledgement email we send to you.
    • You may use our Services only for lawful purposes. You may not use our Services:
      • in any way that breaches any applicable local, national or international law or regulation;
      • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
      • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
      • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
    • You will not, nor allow third parties on your behalf, to (i) make and distribute copies of the Services; (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Services; (iii) create derivative works of the Services; (iv) rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Services; (v) make alterations to, or modifications of, the Services, or permit the Services to be combined with, or become incorporated in, any other programs.
    • If you breach any of your obligations under Clauses 2.2 or 3.2.3, then we shall be entitled to suspend the supply of the Services and your access to the Software with immediate effect. We shall notify you of such suspension and (unless prevented by law or the order of a court) shall provide you with the reasons for such suspension.
  • Your User Log-in
    • If you become a registered user of the Services and create an account with us (“User Account“), you will require a valid email address and will be asked to enter a username, password and any other piece of information we deem necessary as part of our security procedures (“Login Details“).
    • You must provide us with any other details we collect from you at registration, so that we can administer the Services and your User Account.
    • It is your responsibility to ensure that your Login Details and all other details in relation to your account remain confidential at all times. You agree to let us know as soon as possible if you know or reasonably suspect that the security of your account is at risk.
  • Restrictions

If you are under the age of 16 you may not buy any Services from our Site.  You will need an active email address at which you can be easily contacted.

  1. ENTERING INTO AN AGREEMENT WITH us
    • Registration and Order Acceptance
      • The online registration process you complete on our Site to order the Services (which will include a process for you registering individual mobile devices with us) together with the submission by you of payment details in accordance with Clause 1.2 constitutes an offer to be supplied with the Services by us on the Terms and Conditions (“Order“).
      • Following completion of the registration you will be sent an email with a hyperlink that will take you to a web-page on which you will be asked to submit payment details.
      • An agreement will be formed between us when we send you confirmation by email that your payment details and the Order have been accepted and that we agree to provide the Services to you and the terms and conditions on which those specific Services will be provided (the “Agreement“). No Agreement will have been formed between you and us until we accept your Order as set out in this Clause 1.
      • We reserve the right, at our discretion and without the need to give reasons, not to accept any Order at any time before it has been accepted. Should we refuse your Order we will notify you as soon as reasonably possible.
    • Payment
      • The charges payable by you for the Services are the relevant per mobile device charges notified to you at the time you place your Order, as the same may be varied from time to time in accordance with these Terms and Conditions or otherwise by written agreement between you and us (the “Subscription Fees“). All Subscription Fees are, subject to Clause 2.3, payable in advance.
      • The Subscription Fees for the Services:
        • are in pounds sterling (£)(GBP); and
        • exclude VAT, which shall be payable by you at the applicable rate.
      • Subscription Fees will be billed automatically to your chosen payment method on the relevant date in each calendar month (a “Payment Date“) as follows:
        • on or around the date on which we accept your Order we shall deduct from your chosen payment method one month’s Subscription Fees for each mobile device registered by you with us when you submit your Order;
        • thereafter, and for as long as the Agreement remains in place, on each subsequent Payment Date we shall deduct from your chosen payment method: (i) one month’s Subscription Fees for each mobile device that is then registered by you with us on the day immediately preceding the relevant Payment Date and (ii) a pro rata amount of Subscription Fees (calculated on a daily basis) for each additional mobile device registered by you with us in the period commencing on the immediately previous Payment Date and ending on the on the day immediately preceding the relevant Payment Date.
      • You can pay for the Services using our on-line payment system, by any of the credit cards, debit cards or other payment cards accepted by us, as identified on our on-line payment system.
      • All payments by credit card or debit card need to be authorised by the relevant card issuer and we may also need to use extra security steps if required by the card issuer.
      • If paying by payment card, we will take payment from your card at the time you place your Order. We will contact you if we have any problems taking payment from the card details you provide during the Order process. Taking payment either by card or directly does not mean that we have accepted your Order and, in the event of us not accepting your Order, a full refund will be given as soon as reasonably possible (and in any event within thirty (30) days of our advising you that your Order has not been accepted).
      • We will do all that we reasonably can to ensure that all of the information you give us when paying for the Services is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
      • By making payment by a payment card you are confirming that you are 16 years of age and have authority from the cardholder to use such payment card.
      • We reserve the right to vary the Subscription Fees payable by you upon the provision of 30 days’ notice, which will be communicated to the email address provided by you to us. If you do not wish to pay the varied Subscription Fees then you shall have the right to cancel the Services by notifying us in accordance with the procedure described in the relevant email.
  1. PERIOD OF CONTRACT AND CANCELLATION RIGHTS
    • Duration of Contract
      • We will supply each Service to you until such time as you or we cancel the Agreement in accordance with the Terms and Conditions (the “Subscription Period“). At the end of the Subscription Period your access to the relevant Services and/or Software will be discontinued immediately and your right to benefit from that Services and use such Software will end.
    • Your Rights to Cancel
      • You have the right to cancel the Services at any time by: (a) following the cancellation process described in, and cancellation function provided on, the Site, which includes the ability to cancel the Services in respect of one or more mobile devices only by removing the relevant device(s) from your User Account; (b) providing us with a clear written statement of your intention to cancel the Services (e.g. a letter sent by post or an email).
      • If you cancel the Services under Clause 2.1, we will retain any Subscription Fees paid by you to us at the point of cancellation and you shall remain liable to us for any Subscriptions Fees due, but not yet paid, by you as at the point of cancellation and we shall continue to provide the Services to you until the end of the period to which those Subscription Fees relate.
    • Our Rights of Cancellation and Suspension
      • We may cancel our Agreement with you for the supply of Services with immediate effect by giving you written notice at any time:
        • if you are in material breach of any of your obligations under the Agreement (including your obligation to pay the Subscription Fees) and you fail to remedy that breach (if capable of remedy) within 30 days after receiving written notice of the breach from us; or
        • if you are in breach of any of your obligations under the Agreement on more than three occasions during any six month period (even if you have remedied those breaches on previous occasions).
      • Your access to the Subscription Services is subject to your payment of the relevant Subscription Fees. In the event that we are unable to debit payment from you, we may suspend your access to the Subscription Services until payment is made.
    • Consequences of Cancellation
      • If we cancel our Agreement with you for the supply of a Service under Clause 5.3.1 of these Terms and Conditions then you will not be entitled to any refund of payments made by you in respect of such Services. You shall also pay us on demand following such cancellation all sums that are due by you to us as at the relevant date of cancellation.
      • Save as provided in Clause 5.2.2, on the cancellation of our Agreement with you for the supply of the Services your access to the relevant Services and/or Software will be discontinued immediately and your right to benefit from that Services and use such Software will end immediately from the date of cancellation.
  1. ISSUES with the SERVICES
    • When we supply the Services:
      • we will perform the Services with reasonable skill and care;
      • we will use all reasonable efforts to ensure that the Software is free from defects; viruses and other malicious content;
      • whilst we will use reasonable endeavours to ensure that our Services are accurate, such accuracy is dependent on the usage data collected by your mobile telephones and we shall not be liable to you in respect of any loss suffered as a result of the inaccuracy of such data;
      • we do not promise that the Services and / or Software are compatible with any third party software or equipment except where we have said that they are in the guide to their use or on our Site;
      • you acknowledge that there may be minor errors or bugs in the Software and / or Services.
    • To avoid faults happening, you must use the Services only on the recommended third party software and equipment set out in the guide to its use or on our Site.
    • We shall not be liable to you for any fees, charges or liabilities owed by you to your mobile phone operator(s), whether or not you allege that such fees, charges or liabilities became due as a result of a failure or fault in the Services. However, if: (i) you notify us of such fees, charges and / or liabilities within three (3) months of the date on which you are notified of them; and (ii) are able to demonstrate that such fees, charges and / or liabilities would not have occurred but for a failure or fault in the Services, then we may reimburse you on a discretionary basis for some or all of such fees, charges and / or liabilities. You acknowledge and accept that the data and alerts provided by us are unlikely to be accepted by your mobile phone operator as evidence in any dispute with your mobile phone operator over costs and / or charges.
    • If you have any issues with the Services, please contact us at support@apps2data.com and we will do our best to help you.
  2. PROPRIETARY RIGHTS AND LICENCE
    • All trade marks, copyright, database rights and other intellectual property rights of any nature in the Services and Software (including its appearance and branding), together with the underlying software code, are owned by us or our licensors. We may also use open source software code in the delivery of the Services.
    • We grant you a revocable right to use the Software solely for the purpose of you obtaining the benefit of the Services in accordance with these Terms and Conditions.
  3. DATA PROTECTION
    • Any personal information you supply to us (and which we collect from you or other sources) when creating a User Account or using the Services will be used by us in accordance with our Privacy Policy.
    • We may need to share information about you with certain third party service providers who help us to deliver the Services to you (for example third party technology companies who may provide elements of the Services’ functionality). Third party service providers will only use your information to help provide the Services; they will not market to you. By using the Services, you agree to grant us and our third party service providers, a non-exclusive, perpetual, irrevocable, royalty free, transferable and worldwide licence to use the information, materials, data and other content that you provide via the Services (“Content”). We and the third party service providers may use, modify, display, distribute and create derivative materials using the Content for the purpose of providing the Services to you.
    • By using the Services, you consent to us collecting and using technical information about your usage on an anonymised basis and device to improve our products and to provide any services to you.
  4. LIMIT ON OUR RESPONSIBILITY TO YOU
    • The Services have not been developed to meet your individual circumstances. It is your responsibility to ensure that the Services meet your needs.
    • We have no liability to you for any loss of profit, loss of revenue, loss of business, business interruption, or loss of business opportunity. We also have no liability to you for any damage or alteration to your equipment or software as a result of the installation or use of the Services.
    • All information, content and materials displayed on or in connection with the Services are provided for information only. You should not rely on information, content or materials on the Services as the sole basis for making any decision. Accordingly, save as provided for expressly in Clause 6.3, you agree that we are not responsible or liable to you for:
      • any action (or inaction) resulting from use of or reliance on information, content and materials displayed in the Services (or any loss or damage you suffer as a result);
      • third party sites or services linked to or accessed from the Services (or your use of, or reliance on, those sites or services);
      • any dealings you have with third parties (including your mobile phone operator(s) and other services providers) in connection with the Services;
      • any loss caused by inaccurate data provided by you or any of the mobile devices registered by you with us.
    • Except for any legal responsibility that we have under Clause 9.5, we are not legally responsible for:
      • losses that:
        • were not foreseeable to you and us when the Agreement was formed; or
        • that were not caused by any breach on our part;
      • business losses; and
      • losses to non-consumers.
    • Nothing shall exclude or limit our liability for death or personal injury caused by our negligence, for our fraud or fraudulent misrepresentation, or if we deliberately breach these Terms and Conditions in a major way that is designed to harm you, or for any other liability which cannot be excluded or limited under applicable law.
    • To the maximum extent permitted by law, we disclaim all implied warranties with regard to the Services. We do not warrant that the information, content or materials displayed on or as part of the Services are accurate, sufficient or error-free.
  5. GENERAL TERMS
    • If you are unhappy with, the Services, our service to you, any other matter, please notify us at support@apps2data.com and include the following information: your name, telephone number; and, a description of your complaint if possible. We will attempt to resolve the matter quickly and efficiently using our internal complaint handling procedure.
    • We may transfer our rights and obligations under your Agreement to another organisation, but this will not reduce your rights or those obligations. You may not transfer your rights or obligations to another person.
    • If we fail to insist that you perform any of your obligations, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. Any waiver would need to be given by us in writing.
    • Each of the conditions of these Terms and Conditions and of any Agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
    • These Terms and Conditions are not intended to confer a benefit on, or be enforceable by, any person who is not a party to any Agreement formed under these Terms and Conditions.
    • We may use third party suppliers to support us in providing the Services. We take reasonable care in selecting our suppliers so as to protect your security.
    • Please note that these Terms and Conditions and any Agreement, their subject matter and formation, are governed by the laws of England and Wales. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
    • These Terms and Conditions and your Agreement are drawn up in the English language. All written communications between you and us relating to these Terms and Conditions or your Agreement are to be in English.