Terms & Conditions
These terms of service (“Terms”, “Agreement”) are an agreement between CatchApp Ltd (“CatchApp Ltd”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of CatchApp’s software and any of its products or services (collectively, “software” or “Services”).
CatchApp reserves the right to update and change the Terms of Service at any time without notice. You can review the most current version of the Terms of Service at: https://catchapp.mobi/terms
Accounts and membership
If you create an account in the software, you are responsible for maintaining the security of your account and all activities that occur under the account or any actions taken in connection with it. Providing false account or contact information of any kind, or information that infringes on any copyrights or trademarks, or that CatchApp Ltd deems abusive or offensive, may result in the termination of your account. This also includes impersonating another person. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages incurred as a result. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not be able to re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
In addition to other terms as set forth in the Agreement, you are prohibited from using the software or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related software, other softwares, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related software, other softwares, or the Internet. We reserve the right to terminate your use of the Service or any related software for violating any of the prohibited uses.
Provision of Services
You agree that your use of the software is solely at your own risk. You agree that this service is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the our services will meet your requirements, or that the service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your device loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
You also understand and agree that CatchApp Ltd shall not be held responsible or liable for any damages, including but not limited to, loss of profit, reputation, goodwill, or any other intangible loss.
We are not responsible for Content residing in the software. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.
Links to other softwares
Although the software may be linked to other softwares, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked software, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of any businesses or individuals or the content of their softwares. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any software which you access through a link from CatchApp. Your linking to any other off-site softwares is at your own risk.
Advertisements and Publicity
During use of CatchApp, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through CatchApp. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.
You also agree that CatchApp Ltd may refer to your name, or company name and trademarks, in it’s marketing materials and website. That said, CatchApp Ltd will never use your name, or company name or trademarks, in any other publicity (e.g., press releases, customer references and case studies) without your prior written consent (which may be by email).
Intellectual property rights
This Agreement does not transfer to you any intellectual property owned by CatchApp Ltd or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with CatchApp Ltd. All trademarks, service marks, graphics and logos used in connection with the software or Services, are trademarks or registered trademarks of CatchApp Ltd or CatchApp Ltd licensors. Other trademarks, service marks, graphics and logos used in connection with the software or Services may be the trademarks of other third-parties. Your use of the software and Services grants you no right or license to reproduce or otherwise use any CatchApp Ltd or third-party trademarks.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will CatchApp Ltd, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if CatchApp Ltd has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of CatchApp Ltd and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to CatchApp Ltd for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You agree to indemnify and hold CatchApp Ltd and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the software or Services or any willful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of England and Wales without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the United Kingdom. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in London, United Kingdom, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which shall be at our own sole discretion and without obligation. Any such assignment or transfer shall be null and void.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the software or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the software and its Services.
If you have any questions about this Agreement, please contact us at firstname.lastname@example.org