Traced App End-User License Agreement (EULA)

PLEASE READ THESE LICENCE TERMS CAREFULLY

BY USING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT INSTALL THE APP.

Who we are and what this agreement does

We, Traced Limited (company number 12194411) with our registered office c/o Mwa Accounting Ltd, The Bonded Warehouse, 18 Lower Byrom Street, Manchester, Greater Manchester, M3 4AP, England, license you to use:

  • ‘Traced’ mobile application software (App) and any updates or supplements to it.
  • The related online orelectronic documentation (Documentation).

as permitted in these terms.

Your privacy

We only use any personal data we collect through your use of the App in the ways set out in our privacy policy (https://traced.app/traced-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 or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Google Playstore’s and Apple App Store’s terms also apply

The ways in which you can use the App and Documentation may also be controlled by the Google Playstore’s rules and policies (https://policies.google.com/terms) and Apple App Store’s (https://www.apple.com/uk/legal/internet-services/itunes/uk/terms.html) and Google Playstore’s and Apple App Store’s rules and policies will apply instead of these terms where there are differences between the two.

Operating system requirements

This app requires a Handheld Mobile device running the Android Operating System (OS) of version 7 (API 24) or later with a minimum of 2GB of RAM and 2 CPU cores, or the Apple iOS Operating System (OS) of version 13.2 or later.

Support for the App and how to tell us about problems

Support. If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at https://traced.app.

Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at info@traced.app.

How we will communicate with you. If we have to contact you we will do so by email or by pre-paid post, using the contact details you have provided to us.

How you may use the App, including how many devices you may use it on

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

  • download or stream a copy of the App onto a handheld mobile device and view, use and display the App and the Service on such devices for your personal purposes only.
  • provided you comply with the restrictions in these terms, make a copy of the App and the Documentation for back-up purposes.
  • use any Documentation to support your permitted use of the App and the Service.
  • 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.
  • enrol your staff users on a monthly or annual subscription basis if you buy a business licence. Your staff can then download the App and enrol into their company’s control account, or, if the company owns/manages the device, they can deploy the App to the employee-held devices.

You must be 18 to accept these terms and download the app

You must be 18 or over to accept these terms and buy the App. 

You may not transfer the App to someone else

We are giving you personally (as an individual or as a business, depending upon who paid for or downloaded the App) the right to use the App and the Service as set out above in the “How you may use this App” section. You may not transfer the App or the Service to someone else, whether for money, for anything else or for free, save that where you have bought or downloaded the App as a business, you may allow your staff to use the App one person at a time. If you want more than one person in your business to use the App, you must pay for and install separate copies of the App or contact us for an enterprise licence. If you sell any device on which the App is installed, you must remove the App from it.

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 7 days notice of any change with details of the change or notifying you of a change when you next start the App. Where the changes do not adversely affect these terms or the functionality of the App, you will be deemed to accept the changes.

If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.

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. Alternatively, we may ask you to update the App for these reasons. We will use reasonable endeavours to support the devices and software versions while Apple or Google and the device manufacturer support the software version on that device.

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.

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. Where your business or employer owns your phone or other device, you should discuss this with them.

We may collect technical data about your device

By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.

We are not responsible for other websites 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 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.

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, 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;
  • not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation 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), save that, where practicable, you must contact us first to see if we will make such information available to you and, no matter how you obtain that information, you must ensure that the information obtained by you during such activities:
    • 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
    • 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;
  • 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.

Acceptable use restrictions

You must:

  • not use the App or any Service in any unlawful manner, for any unlawful 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 material (to the extent that such use is not licensed by these terms);
  • not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
  • 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 other users; and
  • 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.

Intellectual property rights

All intellectual property rights in the App, the Documentation 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. 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.

Our responsibility for loss or damage suffered by you

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.

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.

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.

Our liability for business losses. Where you buy the App as an individual consumer your use is for domestic and private use and we will not be liable for any business losses. You acknowledge that if you use the App for any commercial, business or resale purpose, you must declare this to us upfront and/or buy an appropriate business or enterprise licence. In such circumstances, our entire liability to you arising out of or in connection with the App and your use will not exceed the higher of the amount specified in the separate business or enterprise licence or the amount you have paid for the App.

Limitations to the App and the Services. The App and the Services are provided for general information purposes only. They do not offer advice on which you should rely. While we use reasonable endeavours to provide the App and the Services, as with any cyber security solution, there are false positive detections and false negative detections and sometimes the features will malfunction and we are not liable for the same. 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. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date .

It is possible that the App will misidentify the app as being responsible for an event or the event itself. There may be many possible causes for misidentifications and anomalies like this and they should be carefully investigated on a case by case basis by a specialist before taking responsive action. Traced disclaims all liability of any kind for such a misidentification and you use this App with full knowledge of this disclaimer.

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.

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 Google Play Store and Apple App Store sites and in the Documentation) meet your requirements.

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 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.

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 in a serious way. 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.

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.

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.

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.

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.

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

Even if we delay in enforcing this contract, 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 contract, 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.

Which laws apply to this contract and where you may bring legal proceedings

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you are a consumer and live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you are a consumer and live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

Alternative dispute resolution

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to submit an alternate dispute resolution dispute before 1 January 2021 to the European Commission Online Dispute Resolution. Please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform (https://ec.europa.eu/consumers/odr/main/index.cfm?).

© 2020 Traced