Terms & Conditions

1. About these terms

These terms are between you and Ayu Digital (“we”, “us”). They cover our website and the mobile apps we publish on the Google Play Store and Apple App Store (together, the “Services”). By downloading, accessing or using the Services you agree to them. If you do not agree, please do not use the Services.

Our Privacy Policy explains how we handle personal data and forms part of these terms.

2. Apps provided by your organisation

Some apps are built for and operated on behalf of our customers, and made available to their staff, clients or members. If you use such an app, your organisation may have its own terms or policies that also apply to you. If they conflict with these terms on a matter specific to that organisation, such as who can access what data, the organisation’s terms take priority for that matter.

3. Your licence to use our apps

We give you a personal, non-exclusive, non-transferable, revocable licence to install and use our apps on devices you own or control, for their intended purpose and in line with these terms and the rules of the relevant app store.

4. Accounts and security

Where an app requires an account, please give accurate information and keep your login details confidential. You are responsible for activity under your account, so tell us promptly if you think it has been used without your permission.

5. Acceptable use

When using the Services you must not:

• Break the law or infringe anyone else’s rights.
• Attempt to gain unauthorised access to our systems, other users’ accounts or data.
• Introduce malware, or interfere with or disrupt the Services or their security.
• Copy, modify, reverse engineer or resell the apps, except where the law allows it.
• Use the Services to send spam or to harass, deceive or harm others.
• Extract data from the Services using automated means without our written permission.

6. Your content and data

You keep ownership of the content and information you put into the Services. You give us permission to store, process and display it only as needed to provide and support the Services, as described in our Privacy Policy. You are responsible for making sure you have the right to share the content you submit.

7. Our intellectual property

The Services, including their design, software, text and branding, are owned by Ayu Digital or our licensors, or by the customer for whom an app was built. Except for the licence above, these terms do not give you any ownership of, or rights in, them.

8. Availability and changes

We work to keep the Services reliable, but we cannot guarantee they will always be available or error-free. We may update, change, suspend or withdraw features, for example for maintenance, security or legal reasons. Where reasonably possible we will give notice of significant changes.

9. App store terms

These terms are between you and us, not Apple or Google. Apple and Google have no obligation to provide maintenance or support for our apps, and are not responsible for our apps or any claims relating to them, including product liability, legal or regulatory compliance, and intellectual property claims.

If you use an iOS app, Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you. You must also comply with the terms of your device provider and any applicable third-party terms, such as your wireless data service agreement.

Any support requests should be sent to us at the email address below.

10. Our responsibility to you

Nothing in these terms limits or excludes liability that cannot be limited or excluded by law, including for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or your statutory rights as a consumer.

Subject to that, the Services are provided on an “as is” and “as available” basis. We are not liable for loss that was not a reasonably foreseeable result of our breach, for loss of profit, revenue or business (if you are using the Services for business purposes), or for losses caused by events outside our reasonable control. Where we are liable to you, our total liability is limited to the greater of the amount you paid us for the Services in the previous 12 months and £100.

11. Suspension and termination

You can stop using the Services at any time by deleting the app, and you can ask us to delete your account and data by emailing us. We may suspend or end your access if you seriously or repeatedly breach these terms or if we are required to by law, and where reasonable we will tell you why. Terms that by their nature should continue to apply after you stop using the Services will do so.

12. Changes to these terms

We may update these terms from time to time, for example to reflect changes in the Services or the law. The date at the top of the page shows when they were last changed. If you continue to use the Services after a change takes effect, you accept the updated terms. If we make a significant change we will take reasonable steps to tell you.

13. Governing law

These terms are governed by the law of England and Wales, and the courts of England and Wales have jurisdiction over any dispute, except that if you are a consumer living elsewhere in the UK you may also bring proceedings in your local courts, and you keep any mandatory consumer protections of the country where you live.