Terms & Conditions
Last updated October 8, 2022
Kyupid is licensed to You (‘End-User’) by Kyupid ('Licensor'), for use only under the terms of this ‘Licence Agreement’.
By downloading the Licensed Application from Apple's software distribution platform ('App Store') and Google's software distribution platform ('Play Store'), and any update thereto (as permitted by this Licence Agreement), You indicate that You agree to be bound by all of the terms and conditions of this Licence Agreement, and that You accept this Licence Agreement. App Store and Play Store are referred to in this Licence Agreement as 'Services'.
The parties of this Licence Agreement acknowledge that the Services are not a Party to this Licence Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. Kyupid, not the Services, is solely responsible for the Licensed Application and the content thereof.
This Licence Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions and Google Play Terms of Service ('Usage Rules'). Kyupid acknowledges that it had the opportunity to review the Usage Rules and this Licence Agreement is not conflicting with them.
Kyupid when purchased or downloaded through the Services, is licensed to You for use only under the terms of this Licence Agreement. The Licensor reserves all rights not expressly granted to You. Kyupid is to be used on devices that operate with Apple's operating systems ('iOS') or Google's operating system ('Android').
1. THE APPLICATION
Kyupid ('Licensed Application') is a piece of software created to help couples manage their daily lives and is customised for iOS and Android mobile devices ('Devices'). It is used to facilitate sharing of shopping items, tasks, events, routines, notes and coupons between couples.
The Licensed Application is not tailored to comply with industry-specific regulations (like the Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Licensed Application.
2. SCOPE OF LICENCE
2.1 You are given a non-transferable, non-exclusive, non-sublicensable licence to install and use the Licensed Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules.
2.2 This licence will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate licence is provided for such update, in which case the terms of that new licence will govern.
2.3 You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with Kyupid's prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with Kyupid's prior written consent).
2.5 You may not copy (excluding when expressly authorised by this licence and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this licence, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorised third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.
2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of licensing.
2.8 Nothing in this licence should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 The Licensed Application requires a firmware version iOS 12, Android 10 or higher. Licensor recommends using the latest version of the firmware.
3.2 Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
3.3 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.
3.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4. NO MAINTENANCE OR SUPPORT
4.1 Kyupid is not obligated, expressed or implied, to provide any maintenance, technical or other support for the Licensed Application.
4.2 Kyupid and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
5. INTELLECTUAL PROPERTY
5.1 Any text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on Kyupid, the website as well as the Kyupid app and database(s) (collectively referred to as ‘Our Content’), are owned, controlled or licensed by the Licensor and are protected by copyright, trademark, data, database rights and/or other intellectual property law rights. All right, title and interest in and to Our Content remains with the Licensor at all times.
5.2 Kyupid grants you a non-exclusive, limited, personal, non-transferable, revocable, licence to access and use Our Content, without the right to sublicense, under the following conditions:
you shall not use, sell, modify, or distribute Our Content except as permitted by the functionality of the App;
you shall not use our name in metatags, keywords and/or hidden text;
you shall not create derivative works from Our Content or scrape, disable, decompile, analyse or in any way commercially exploit Our Content, in whole or in part, in any way; and
you shall use Our Content for lawful purposes only.
We reserve all other rights.
5.3 The Licensed Application does not offer users the ability to submit or post content.
Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Licence Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application.
8.1 Our Content is provided to You “as is” and “as available” without warranty of any kind, either express or implied, including but not limited to, fitness for a particular purpose, title, or non-infringement.
8.2 Should applicable law not permit the foregoing exclusion of express or implied warranties, then we grant the minimum express or implied warranty required by applicable law. No advice or information, whether oral or written, shall create any warranty, representation or guarantee not expressly stated in this section.
8.3 Additionally, we do not make any warranties that Our Content will be provided to You uninterrupted, secure or error free or that your use of Our Content will meet your expectations. Your use of Our Content is at your own risk. You are solely responsible for your interactions on the app with other users.
9. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a 'terrorist supporting' country; and that You are not listed on any US Government list of prohibited or restricted parties.
10. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact us through firstname.lastname@example.org.
The licence is valid until terminated by Kyupid or by You. Your rights under this licence will terminate automatically and without notice from Kyupid if You fail to adhere to any term(s) of this licence. Upon Licence termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
12. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Kyupid represents and warrants that Kyupid will comply with applicable third-party terms of agreement when using Licensed Application.
In Accordance with Section 9 of the 'Instructions for Minimum Terms of Developer's End-User Licence Agreement', both Apple and Google and their subsidiaries shall be third-party beneficiaries of this End User Licence Agreement and — upon Your acceptance of the terms and conditions of this Licence Agreement, both Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this End User Licence Agreement against You as a third-party beneficiary thereof.
13. INTELLECTUAL PROPERTY RIGHTS
Kyupid and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes on the third party's intellectual property rights, Kyupid, and not the Services, will be solely responsible for the investigation, defence, settlement, and discharge or any such intellectual property infringement claims.
14. APPLICABLE LAW
This Licence Agreement is governed by the laws of the United Kingdom.
15.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
15.2 We reserve the right to modify, amend or change the Licence Agreement at any time. If we do this then those changes will be reflected on this page and the effective date for the update will be posted at the top. Your continued use of the Licensed Application following any changes on this page constitutes your acceptance of the Licence Agreement. If you do not accept any of the updates to the Licence Agreement, you should stop using Kyupid immediately.