1. Agreement to these terms
These Terms of Service (“Terms”) form a legally binding agreement between you and JAPROX LTD (“JAPROX”, “we”, “us”) covering your use of our website, mobile applications, web applications and related services (the “Services”).
By downloading, accessing or using the Services you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services. Some Apps may have additional terms, which form part of these Terms for that App. If you obtained an App from an app store, our End User Licence Agreement also applies.
2. Eligibility
You must be at least 13 years old (or the minimum age required in your country) to use the Services. If you are under 18, you must have permission from a parent or guardian, who agrees to these Terms on your behalf. If you use the Services on behalf of an organisation, you confirm you are authorised to bind that organisation to these Terms.
3. Accounts
- Some features require an account. You must provide accurate information and keep it up to date.
- You are responsible for keeping your login credentials secure and for all activity under your account.
- Notify us promptly at [email protected] if you suspect unauthorised access.
- You may delete your account at any time – see Delete account & data.
4. Licence to use the Services
Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable licence to download, install and use the Services for your personal, non-commercial use (or internal business use where the Service is offered for business). All rights not expressly granted are reserved.
5. Acceptable use
You agree not to:
- break any law or infringe anyone's rights, including intellectual property and privacy rights;
- upload or share content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, hateful or discriminatory, or that exploits minors;
- copy, modify, distribute, sell, rent or create derivative works from the Services, except as permitted by law;
- reverse engineer, decompile or disassemble the Services, except to the extent permitted by applicable law;
- interfere with, disrupt or attempt to gain unauthorised access to the Services, servers or networks;
- use bots, scrapers, cheats, exploits or automated means to access the Services or gain an unfair advantage;
- introduce viruses, malware or other harmful code;
- impersonate any person or misrepresent your affiliation; or
- use the Services to send spam or unsolicited communications.
6. Your content
You keep ownership of content you create or upload (“User Content”). You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, process and display your User Content solely to operate, provide and improve the Services. This licence ends when you delete the content or your account, except for copies retained in backups for a limited period or where required by law.
You confirm you have the rights needed to share your User Content. We may remove content that breaches these Terms, but we are not obliged to monitor content.
7. Purchases, subscriptions and refunds
7.1 In-app purchases
Apps may offer paid features, virtual items or subscriptions. Purchases made through the Apple App Store or Google Play are processed by those platforms and subject to their terms. Prices are shown in the store before you buy and include applicable taxes where required.
7.2 Subscriptions
- Subscriptions renew automatically at the end of each period unless cancelled at least 24 hours before the renewal date.
- Your account will be charged for renewal within 24 hours before the end of the current period.
- You can manage and cancel subscriptions in your App Store or Google Play account settings. Deleting the App does not cancel your subscription.
- If a free trial is offered, any unused portion is forfeited when you purchase a subscription.
- We may change subscription prices; you will be notified in advance as required by the store and applicable law, and can cancel before the new price applies.
7.3 Virtual items
Virtual currency and items have no real-world monetary value, cannot be exchanged for cash and are licensed, not sold, to you.
7.4 Refunds
Refunds for store purchases are handled by Apple or Google under their policies. Nothing in these Terms affects your statutory rights. If you are a consumer in the UK or EU, you have a 14-day right to cancel digital content purchases, but you agree that by starting the download or streaming immediately you lose that right once supply has begun, as permitted by law. If digital content is faulty, you may be entitled to a repair, replacement or refund.
8. Intellectual property
The Services, including software, design, text, graphics, logos, audio, video and trademarks, are owned by JAPROX LTD or our licensors and are protected by intellectual property laws. “JAPROX” and our app names and logos are our trademarks. You may not use them without our prior written permission.
If you believe content on the Services infringes your copyright, email [email protected] with details of the work, the infringing material, your contact details and a statement of good faith. We will respond promptly.
9. Third-party services and links
The Services may include advertising, links or integrations provided by third parties (such as sign-in providers, payment platforms and ad networks). We are not responsible for third-party content, services or practices, and your use of them is subject to their own terms.
10. App development and publishing services
If you engage us to design, develop or publish software, the specific scope, fees, timelines, ownership of deliverables and acceptance terms will be set out in a separate proposal, statement of work or services agreement. If there is a conflict, that agreement prevails over these Terms. Unless agreed otherwise in writing:
- intellectual property in custom deliverables transfers to the client on full payment;
- we keep ownership of our pre-existing tools, libraries and know-how, and grant the client a licence to use them as part of the deliverables;
- invoices are payable within 14 days; and
- each party will keep the other's confidential information confidential.
11. Availability and changes
We work to keep the Services available and up to date, but we do not guarantee they will be uninterrupted or error-free. We may modify, suspend or discontinue any part of the Services, including features or Apps. Where you have paid for an ongoing service that we discontinue, we will give reasonable notice and, where appropriate, a pro-rata refund. Updates may be required to keep using an App.
12. Disclaimers
To the extent permitted by law, the Services are provided “as is” and “as available” without warranties of any kind, whether express or implied, including fitness for a particular purpose and non-infringement. Information in the Services is for general purposes only and is not professional (for example medical, financial or legal) advice.
If you are a consumer, you have legal rights in relation to digital content and services that are not as described, not fit for purpose or not of satisfactory quality. Nothing in these Terms affects those rights.
13. Limitation of liability
Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be limited or excluded by law.
Subject to the above:
- we are not liable for losses that were not reasonably foreseeable, or for loss of profits, revenue, business, data or goodwill arising from business use of the Services;
- if you are a consumer, we are responsible for foreseeable loss and damage caused by our breach of these Terms or our failure to use reasonable care and skill; and
- our total liability to you in connection with the Services in any 12-month period is limited to the greater of (a) the amount you paid us for the Services in that period and (b) £100.
If defective digital content provided by us damages a device or other digital content belonging to you, we will either repair the damage or pay you compensation, unless the damage was caused by your failure to follow our instructions or install free updates.
14. Indemnity
If you use the Services for business purposes, you agree to indemnify JAPROX against claims, losses and costs (including reasonable legal fees) arising from your breach of these Terms, your User Content or your violation of any law or third-party right.
15. Suspension and termination
You may stop using the Services at any time. We may suspend or terminate your access if you materially or repeatedly breach these Terms, if required by law, or to protect users or the Services. Where reasonable we will give you notice and an opportunity to fix the issue. On termination, your licence ends, and sections intended to survive (including 6, 8, 12, 13, 14 and 16) continue to apply.
16. Governing law and disputes
These Terms are governed by the laws of England and Wales. The courts of England and Wales have non-exclusive jurisdiction over any dispute. If you are a consumer living in Scotland, Northern Ireland or another country, you may also bring proceedings in your local courts and you keep the protection of mandatory consumer laws of your country of residence.
Before starting legal proceedings, please contact us so we can try to resolve the issue informally.
17. General
- Changes to these Terms – we may update these Terms. Material changes will be notified in advance through the Services or by email. Continued use after changes take effect means you accept them.
- Entire agreement – these Terms, together with the Privacy Policy, EULA and any app-specific terms, are the entire agreement between you and us about the Services.
- Severability – if any provision is found unenforceable, the rest remains in effect.
- No waiver – failing to enforce a right does not waive it.
- Assignment – we may transfer our rights and obligations to another organisation; we will tell you if this happens and it will not affect your rights. You may not transfer your rights without our consent.
- Third-party rights – no one other than you and us (and, for App store purchases, Apple or Google as stated in the EULA) has any right to enforce these Terms.
- Events outside our control – we are not responsible for delays or failures caused by events beyond our reasonable control.
18. Contact
JAPROX LTD
Email: [email protected]