Terms Of Service

Important! Your access to this Website is subject to legally binding terms and conditions. Carefully read all of the following terms and conditions before proceeding. Accessing this Website is the equivalent of your signature and indicates your acceptance of these terms and conditions and that you intend to be legally bound by them. If you do not agree with these terms and conditions, you must exit the Website. These Terms of Use (the “Agreement”) is an agreement between you (“you”) and Earl Grey Apps who is the owner of the Website (“us”, “we”, “Earl Grey Apps”).

By using the Earl Grey Apps website, www.earlgreyapps.com, or accessing any information, services, assessments, resources, or tools via the Earl Grey Apps website (collectively, the “Website”), you agree, without limitation, to comply with these Terms of Use. The effective date of this Agreement is the earlier of the following dates: (i) the date when you first access or use this Website; or (ii) the date when you click on the “I Understand and Agree” button appearing on the Website. This Agreement does not alter in any way the terms or conditions of any other agreement you may have with Earl Grey Apps.

If you do not agree with the Terms of Use as an unregistered user (view only), please leave the Website immediately. Otherwise, your continued use of the Website signals your agreement to abide by these Terms of Use. By accessing and/or using this Website, you acknowledge that you have not been previously suspended or removed from this Website by Earl Grey Apps for any reason unless, since the date of your suspension or removal, you have received written authorization from Earl Grey Apps to access this Website.

By accessing and/or using this Website, you acknowledge that you have read, understand, and agree to comply with these Terms of Use, and all applicable laws.

If you are accessing and/or using the Website on behalf of any entity, you further represent and warrant that you are authorised to accept this Agreement on such entity’s behalf, and that such entity agrees to indemnify Earl Grey Apps in accordance with this Agreement. Some aspects of the Website require the collection, use, or disclosure of personal information. For further information about how your personal information (including your payment details) is collected, used, and disclosed and how it is safeguarded by Earl Grey Apps, please refer to the Privacy Policy.

As a condition of using the Website, you agree to refrain from any defamatory, harassing, negligent, inaccurate, offensive, or illegal conduct. Earl Grey Apps reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or part of the Website without prior notice and without liability.

The purpose of the Website is to provide general information about our proprietary applications (“Information”) and access to our applications and other services, resources, and tools (“Resources”). Earl Grey Apps assumes no responsibility, nor liability for the Information or Resources on the Website, nor for any claims, damages, or losses resulting from any reliance on or use of Resources. Earl Grey Apps’s liability is limited except where not permitted by applicable law.

Earl Grey Apps makes great efforts to provide accurate information on the Website. However, Earl Grey Apps disclaims—and you release Earl Grey Apps from any liability regarding—errors, inaccuracies, and omissions of the Website. Earl Grey Apps reserves the right to correct any errors, inaccuracies, or omissions and to change or update Information or Resources at any time without prior notice. Earl Grey Apps makes no guarantees whatsoever as to the completeness, timeliness, correctness, or accuracy of the Information or Resources available through the Website. If you believe any portion of the Website includes an error or inaccuracy, please notify Earl Grey Apps.

We do not guarantee that our Website, Information, or Resources will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs, and platform to access our Website. You should use your own virus protection software. You agree that it is solely your responsibility to ensure that your access to this Website complies with the laws of your jurisdiction. You are responsible for all software, hardware, services (such as Internet service), and equipment necessary to access and use the Website, including all related expenses, if any.

INTELLECTUAL PROPERTY RIGHTS

The Information and Resources provided through the Website are protected by copyright and may only be used in accordance with these Terms of Use. Unless otherwise specified, title to the Information and Resources rests with Earl Grey Apps, or with third parties who have contributed to the Information and/or Resources, except for information and resources, including video excerpts, that are shared on this Website that are not owned by Earl Grey Apps and that are otherwise made publicly available by the owners of the title therein through other sources. Any unauthorised use of the Information or Resources may violate copyright, trademark, and other laws.

This Website, including all software code, its content and design (including all Information, Resources, and Contributions), is protected under applicable intellectual property and other laws, including without limitation the laws of the US and other countries. All Information, Resources, Contributions (after these are provided to the Website), and all intellectual property rights therein, are the property of Earl Grey Apps unless otherwise agreed in a prior written agreement with Earl Grey Apps. You do not acquire ownership rights to any Information, Resources, or Contributions, whether viewed or otherwise accessed, through this Website. Except as otherwise provided herein, none of the Information, Resources, or Contributions may be used, copied, reproduced, distributed, reverse-engineered, republished, downloaded, modified, sold, rented, shared, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic or mechanical copying, photocopying, recording, or otherwise, without Earl Grey Apps’s express prior written permission.

You acknowledge that the unauthorised use of the Website could cause irreparable harm to us, our partners, suppliers, licensors, members, and/or customers and that in the event of an unauthorised use, we will be entitled to any and all remedies at law or in equity, including without limitation injunctive relief, without the necessity of proving monetary damages or posting a bond or other security. This Website contains trademarks, service marks, trade dress, designs, logos, product and service names, and graphics (collectively, “Trademarks”) that are owned by Earl Grey Apps, or by third parties. You are not authorised to display, copy, or use the Trademarks in any manner without the prior written permission of the rights owner.

All Information, Resources, and Contributions, and the selection, arrangement, and presentation thereof, and the overall design, “look and feel”, colour combinations, and other graphical elements of the Website are the exclusive property of us, or our partners, licensors, or suppliers (collectively the “Website Content”). We, or our partners, licensors, or suppliers, own all rights, title, and interest in and to the Website Content, including without limitation all copyright and other intellectual property and proprietary rights in and to the Website Content.

By agreeing to this Agreement, you agree to the terms of our Cookie Policy and our Privacy Policy, which are expressly incorporated herein. Before using this Website, please carefully review the Cookie Policy and the Privacy Policy. Use of the Website will be handled in accordance with the Cookie Policy. All information provided to us as a result of your use of this Website will be handled in accordance with the Privacy Policy. To the extent there are inconsistencies between this Agreement and either of the Cookie Policy or the Privacy Policy, this Agreement controls.

You agree that when using the Website you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, email, messaging, privacy, and the transmission of technical data exported from the US or the country in which you reside. You further consent to Earl Grey Apps providing information other than personal information, relating to you and your use of the Website to facilitate the function of the Website and to allow users to utilise the Website.

YOUR USE OF THE WEBSITE

Subject to the terms of these Terms of Use, you are granted a limited, personal, non-exclusive, non-sublicensable, non-assignable, non-transferable, and revocable licence to access and use the Website and related materials that are owned by Earl Grey Apps solely for your own non-commercial use. Except as expressly provided, all rights in the Website and such related materials are reserved. Nothing contained in these Terms of Use or on the Website shall be construed as conferring by implication, estoppel, or otherwise any licence or right for any intellectual property of Earl Grey Apps or any third party, other than is expressly provided herein.

Except as expressly permitted by these Terms of Use, in connection with the use of the Website, you may not:

  • Alter or modify the Website, or make any electronic reproduction, adaptation, distribution, performance, or display of the Website, or any portion thereof, except to the extent required for the limited purpose of reviewing material on the Website; or
  • Sell, rent, lease, transfer, distribute, broadcast, display, provide, or otherwise assign to any third party any rights to the Website, or related materials; or
  • Remove or modify any proprietary notice or labels on the Website, or related materials, including author attribution and copyright notices, or use any of our trademarks as meta-tags on any other website; or
  • Use the Website for any unlawful purpose, including but not limited to sending unsolicited or unauthorised advertising, or for any other purpose that could result in harm to us or to any third party; or
  • Post or transmit any false, misleading, fraudulent, defamatory, obscene, or otherwise objectionable information or materials, or any materials or information that infringes any intellectual property rights of others; or
  • Disrupt or interfere with any servers or networks used in connection with the Website; or
  • Engage in any activity that may harm, disrupt, or overload the Website or that might interfere with the use of the Website by others; or
  • Attempt to gain unauthorised access to any part of the Website or its related systems or networks.

RESTRICTIONS AND CONDITIONS ON USE

Your use of this Website is conditioned on your compliance with all applicable laws and regulations and these Terms of Use. By using this Website, you agree:

  • To provide accurate, complete, and current information about yourself as required for your use of this Website;
  • To notify Earl Grey Apps immediately of any unauthorised use of your password or account, or any other breach of security;
  • To take responsibility for all activities that occur under your account;
  • To comply with the policies, rules, and guidelines that may be adopted by Earl Grey Apps from time to time;
  • To respect the privacy of other users and not to misuse or share information collected from the Website.

TERMINATION

Earl Grey Apps reserves the right, in its sole discretion, to terminate or suspend your access to the Website at any time, with or without cause or notice, including, without limitation, for any violation of these Terms of Use. In the event of termination, you must immediately stop using the Website and must destroy any copies of materials you have obtained from the Website.

INDEMNITY

You agree to indemnify and hold harmless Earl Grey Apps, its affiliates, officers, directors, employees, agents, and third parties, from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or related to your use of the Website, your breach of these Terms of Use, or any violation of any law or the rights of any third party.

LIMITATION OF LIABILITY

To the fullest extent permitted by law, Earl Grey Apps shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data or other intangible losses, resulting from (a) your use of the Website; (b) your inability to access or use the Website; (c) any unauthorised access to or use of the Website; or (d) any errors or omissions in any content.

DISCLAIMER

The Website is provided on an “as-is” and “as-available” basis, without warranties of any kind, either express or implied. Earl Grey Apps disclaims all warranties, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Earl Grey Apps does not warrant that the Website will be uninterrupted or error-free, or that any defects will be corrected.

CHANGES TO THESE TERMS

Earl Grey Apps reserves the right to modify or revise these Terms of Use at any time without prior notice. Your continued use of the Website following any changes signifies your acceptance of those changes.

APPLICABLE LAW

These Terms of Use shall be governed by and construed in accordance with the laws of the country you reside or the US, without regard to its conflict of law principles. Any legal action or proceeding arising out of or related to these Terms of Use shall be brought exclusively in the courts.

ENTIRE AGREEMENT

These Terms of Use, together with the Privacy Policy and any other legal notices published by Earl Grey Apps on the Website, constitute the entire agreement between you and Earl Grey Apps regarding the Website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Earl Grey Apps.

CONTACT INFORMATION

If you have any questions about these Terms of Use, please contact us at help@earlgreyapps.com