Terms & Conditions
These Terms of Service (the “Terms”) govern your access to and use of the services provided by AFFINITY LABS LTD (“Affinity Labs,” “we,” “us,” or “our”), namely the mobile applications where these Terms are posted, their websites, email notifications, and any and all related services (collectively, the “Services”). These Terms also govern your access to any information, text, graphics, photos, audio, video or other materials made available through the Services (the “Content”). PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING ANY OF THE SERVICES.
Company details:
AFFINITY LABS LTD (Company No. 16564102)
Registered office: 2nd Floor College House, 17 King Edwards Road, Ruislip, London, United Kingdom, HA4 7AE
CONTENTS
A. AGREEMENT
B. AGE REQUIREMENT
C. GRANT OF LICENSE
D. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
E. FEATURES & FUNCTIONALITY
F. CONTENT ON THE SERVICES
G. SECURITY
H. REGISTRATION/PASSWORDS
I. UNINSTALL/REMOVAL OF AN APP
J. CONSENT TO USE OF DATA AND USER REVIEWS
K. INTELLECTUAL PROPERTY
L. COPYRIGHT
M. TERMINATION
N. DISCLAIMER OF WARRANTY
O. LIMITATION OF LIABILITY
P. INDEMNIFICATION
Q. EXPORT CONTROLS
R. NOTICE TO UK & US GOVERNMENT END USERS
S. JURISDICTIONAL AVAILABILITY
T. DISPUTE RESOLUTION; GOVERNING LAW (ENGLAND & WALES)
U. HOW TO CONTACT US
V. SUPPLEMENTAL TERMS
A. AGREEMENT
These Terms are a legal agreement between you and Affinity Labs. By using the Services, including installing and/or downloading any of our mobile applications (each an “App” and collectively the “Apps”), you: (a) agree to be bound by these Terms, (b) represent and warrant that you have the right, authority and capacity to enter into these Terms; and (c) you own or control the mobile device by which you are accessing the Services. These Terms also apply to any App updates, supplements, and services made available by Affinity Labs that are not provided under a separate license or other agreement with us. If you do not agree to these Terms, do not install or use any App or Services. We may amend these Terms from time to time and will notify you of any update to the Terms that materially impacts your use of the Services or your rights or obligations. Such notification may be through an in-app notification or website notice. Your continued use of the Services after we post any amendments to these Terms will signify your acceptance of such amendments. If you do not agree with any amendment, you must discontinue using the Services (including any Apps). If you have any questions or concerns regarding these Terms, please contact support at the email provided in Section U below. Do not use the Services until your questions and concerns have been answered to your satisfaction and you agree to abide by these Terms.
Notice to consumers: Depending on the laws of the jurisdiction where you live, you may have certain rights that are in addition to these Terms, and certain provisions of these Terms may be unenforceable as to you. To the extent that any term or condition of these Terms is unenforceable to you, the remainder of these Terms shall remain in full force and effect.
Use of the Services is subject to the Privacy Policy (incorporated by reference). These Terms also include any additional payment terms and other requirements set forth on the download or purchase page through which you purchase or download any Apps. The Apps may be available through marketplaces that distribute mobile applications and that may have additional terms, conditions and usage rules that govern your use of the Apps if you download or install the Apps through such marketplaces.
B. AGE REQUIREMENT
You must be 13 years of age (or 16 in the EEA) or older to install or to use the Affinity Labs Apps. If you are under the age where you need parental consent to use online services in your country, you must have your parent or legal guardian’s permission.
C. GRANT OF LICENSE
Subject to your compliance with these Terms, Affinity Labs grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, to access, download and/or install the most current generally available version of the software provided to you as part of the Services solely for your lawful, personal, and non-commercial use.
D. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
Restricted Use. You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer or grant any rights to the Services or use the Services for the benefit of any third party. Unless expressly authorized by Affinity Labs, you are prohibited from making the Apps available over a network where they could be downloaded or used by multiple users. You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of the Services, except to remove our Apps from a mobile device which you own or control. You may not violate or attempt to violate the security of our Services. You may not modify, reverse-engineer, decompile, disassemble, or otherwise tamper with any Services, or attempt to do so for any reason or by any means. You may not access, create or modify the source code of any Services in any way. You do not have the right to and may not create derivative works of any Services or any portions thereof. All modifications or enhancements to the Services remain the sole property of Affinity Labs.
Updates. We reserve the right to add or remove features or functions to existing Services. When installed on your mobile device, the Apps may periodically communicate with our servers. We may require the updating of the Apps on your mobile device when we release a new version of the Apps, or when we make new features available. This update may occur automatically or upon prior notice to you, and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current Terms before you will be permitted to use any updated versions of the Services. You acknowledge and agree that any obligation we may have to support previous versions of the Services may end upon the availability of updates, supplements or subsequent versions.
Access. You must provide at your own expense the equipment, Internet connections, devices and service plans to access and use the Apps. If you access an App through a mobile network, your network or roaming provider’s messaging, data and other rates and fees may apply. You are solely responsible for any costs you incur to access the Apps from your device. Downloading, installing or using certain Apps may be prohibited or restricted by your network provider and not all Apps may work with your network provider or device. Affinity Labs makes no representation that the Apps can be accessed on all devices or wireless service plans, or that the Apps are available in all languages or appropriate for use in any particular location.
Purchases & Cancellation Rights.
(A) Subscriptions. You may purchase certain Services on a subscription basis. Some Services may offer different subscription levels (e.g., free or premium) or subscription periods (e.g., monthly, yearly). Payment for a subscription may be processed in-app through the Apple App Store or Google Play Store, or directly through Affinity Labs and its third-party payment processor (e.g., Stripe). Free trials may be offered. Unless you cancel at least 24 hours before the end of the trial period, the trial converts to a paid subscription for the applicable period. You can cancel via your Apple or Google account settings, or (if purchased on the web) by logging in to manage your subscription on our website. Cancellations take effect at the end of the then-current billing period; no refunds for partial periods.
(B) Paid Applications. Certain Apps may be available for one-time purchase (no recurring subscription) through Apple or Google. UK/EU consumers: statutory rights under the Consumer Rights Act 2015 and Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 may apply. App-store platform refund policies may govern purchases made via those stores.
Automatic Renewal; Recurring Charges. Paid subscriptions auto-renew until cancelled. You authorize recurring billing at the then-current price plus applicable taxes at the start of each new subscription period. Prices may change as permitted by law and applicable app-store rules.
E. FEATURES & FUNCTIONALITY
Features and functionalities may change from time to time and may be provided by Affinity Labs and third-party suppliers (“Third-Party Partners”). Any location data is for basic navigational purposes only and should not be relied upon in situations where precise information is needed or where erroneous, inaccurate or incomplete data may lead to harm. Neither Affinity Labs nor any Third-Party Partner guarantees availability, accuracy, completeness, reliability, or timeliness of such data.
F. CONTENT ON THE SERVICES
User Content. Apps may allow users to submit and post Content that will be made public and available to other users (“User Content”). You are responsible for your use of the Services and for any User Content you provide, including compliance with applicable laws. You should only provide User Content that you are comfortable sharing with others. Affinity Labs may remove Objectionable Content in its sole discretion and may terminate a user’s access in appropriate circumstances (e.g., repeat infringement).
“Objectionable Content” includes (without limitation) content that:
• is commercial advertising/solicitation; • infringes IP rights; • is unlawful/defamatory or invades privacy; • presents a risk to safety (including minors); • entices criminal or unlawful behavior; • falsely implies endorsement by Affinity Labs or its partners; • is vulgar, threatening, or hate speech; • contains malware or code intended to disrupt systems; or • otherwise contravenes these Terms.
You represent and warrant you have the necessary rights to the User Content you post and grant Affinity Labs and its users a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, create derivative works, publicly perform and display such User Content in connection with the Services.
Affinity Labs makes no representations about User Content shared through the Services. You accept all risks associated with the use of any User Content.
Content Screening and Disclosure. We do not and cannot pre-screen all Content, but we may monitor submissions and you consent to such monitoring. We may access, preserve, or disclose information or Content if required by law or we believe in good faith it is reasonably necessary to: (i) respond to legal claims or process; (ii) enforce our agreements; (iii) prevent fraud/risk, investigate, provide support, or ensure service operation; (iv) protect the rights, property or safety of Affinity Labs, users, or the public; or (v) report a crime or offensive behavior.
Third-Party Services and Content. The Services may integrate, be integrated into, bundled, or provided in connection with third-party services, advertising, feeds, and/or content. Such services/content are subject to third-party terms and privacy policies. Affinity Labs is not responsible for and does not endorse third-party websites, resources, content, goods, or services.
G. SECURITY
Like other consumer technologies, the Services may not be 100% secure. By accepting these Terms you acknowledge and accept that the Services may be exposed to unauthorized access, interception, corruption, damage or misuse. You are solely responsible for securing devices used to access the Services (e.g., strong passwords, device encryption). Affinity Labs shall not be liable for unauthorized access to your account or devices.
H. REGISTRATION/PASSWORDS
G. SECURITY
H. REGISTRATION/PASSWORDS
Registration. Some Services require account creation (“Registration”) to access features. Any registration required by a Third-Party Partner is governed by that partner’s terms.
Passwords. You are responsible for maintaining confidentiality and security of your password(s)/ID(s) and for all activity under your account. Notify us immediately of any unauthorized use or breach of security. We may suspend or terminate your account if we suspect compromise.
Provided Information. You must provide and maintain accurate, complete and current information. We may use your information as described in these Terms and our Privacy Policy.
I. UNINSTALL/REMOVAL OF AN APP
Uninstallation methods vary by device. Use your device’s application manager or manual for instructions. Uninstalling does not cancel subscriptions. See Section D(4) for cancellation.
J. CONSENT TO USE OF DATA AND USER REVIEWS
We may collect and use technical data (e.g., device, system and application software, peripherals) to facilitate updates, support, and other services, as described in our Privacy Policy. If you post app-store or social-media reviews, your username may be public. If you prefer we don’t use your reviews for promotional purposes, email us per Section U (include your name and email). Do not include passwords, payment details, or other sensitive information in public reviews. We may monitor communications for security and training and remove inappropriate content.
K. INTELLECTUAL PROPERTY
The Services (including Content, design, code and documentation) are the property of Affinity Labs or its licensors and protected by intellectual-property laws. You may not remove or alter any proprietary notices. All rights not expressly granted are reserved. Affinity Labs names, logos and affiliated properties are the exclusive property of Affinity Labs or its affiliates. Other trademarks are the property of their respective owners.
L. COPYRIGHT
Copyright/Submissions. You are solely responsible for Content you contribute, submit, or display, and for ensuring it does not violate IP rights. You must own or have a license to use any such Content. Affinity Labs respects the rights of copyright holders and will act appropriately on notice of infringement, including terminating repeat infringers.
Notices. If you believe the Services infringe your copyright, contact:
Legal Dept – Affinity Labs
AFFINITY LABS LTD
2nd Floor College House, 17 King Edwards Road, Ruislip, London, HA4 7AE, United Kingdom
Email: legal@affinitylabs.com
Please include: (i) your electronic/physical signature; (ii) description of the copyrighted work; (iii) location of the allegedly infringing material; (iv) your contact details; (v) a statement of good-faith belief that the use is unauthorized; and (vi) a statement that the notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.
M. TERMINATION
Your rights under these Terms terminate automatically if you fail to comply with them. We may modify, discontinue, suspend, or disable the Services (in whole or part) at any time. Upon termination, you must cease all use and destroy all copies. Sections J–S and any Supplemental Terms survive termination.
N. DISCLAIMER OF WARRANTY
TO THE EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE,” AND YOU USE THEM AT YOUR SOLE RISK. AFFINITY LABS AND ITS AFFILIATES, LICENSORS, DISTRIBUTORS, VENDORS, AGENTS AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY ARISING BY STATUTE, USAGE, OR COURSE OF DEALING. WITHOUT LIMITATION, AFFINITY LABS MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT RESULTS WILL BE ACCURATE OR RELIABLE.
O. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, AFFINITY LABS AND ITS AFFILIATES AND PARTNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) USE OR INABILITY TO USE THE SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT SHALL AFFINITY LABS’ TOTAL LIABILITY TO YOU EXCEED THE AMOUNT PAID BY YOU (IF ANY) FOR ACCESSING THE SERVICES IN THE 12 MONTHS BEFORE THE CLAIM AROSE.
P. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Affinity Labs, its affiliates, officers, directors, employees, consultants and agents from any and all third-party claims, liability, damages and/or costs (including attorneys’ fees) arising from your use of the Services, your violation of these Terms, or your infringement of any IP or other right of any person or entity.
Q. EXPORT CONTROLS
The Services and underlying technology are subject to applicable export control and sanctions laws. You agree to comply with such laws when downloading or using the Apps.
R. NOTICE TO UK & US GOVERNMENT END USERS
If any Services are used by or on behalf of a government end user, rights are limited to those set out in these Terms and applicable law. For US government users, the Services are “Commercial Items” and licensed with only those rights as provided to other end users.
S. JURISDICTIONAL AVAILABILITY
Affinity Labs does not represent or warrant that the Services are appropriate or available for use in any particular jurisdiction. We may limit the availability of the Apps, in whole or in part, to any person, geographic area or jurisdiction, at any time and in our sole discretion.
T. DISPUTE RESOLUTION; GOVERNING LAW (ENGLAND & WALES)
Informal Resolution. Before bringing a claim, you and we agree to try to resolve it informally for 30 days after written notice of the dispute is sent. Send notices to legal@affinitylabs.com or to our registered office (Section U).
Governing Law & Forum. These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of England & Wales. The courts of England & Wales shall have exclusive jurisdiction.
Consumers in the EEA/UK. If you are a consumer, you may be entitled to bring proceedings in your local courts as permitted by applicable consumer laws. The European Commission ODR platform is available at **http://ec.europa.eu/odr**.
Injunctive Relief. Either party may seek injunctive or other equitable relief at any time.
U. HOW TO CONTACT US
If you have questions about these Terms, contact us:
Affinity Labs – Legal Dept
Email: legal@affinitylabs.com or support@affinitylabs.com
Postal: AFFINITY LABS LTD, 2nd Floor College House, 17 King Edwards Road, Ruislip, London, HA4 7AE, United Kingdom
V. SUPPLEMENTAL TERMS
Third-Party Content/Images/Tools. Certain Services may include or rely on third-party content and providers (e.g., Stripe, Apple, Google, AWS, and Gen-AI tools such as OpenAI). Your use of such features is subject to those providers’ terms and policies. You must not use any third-party content in ways that violate applicable law or third-party rights.
YouTube. If Services surface or interact with YouTube content, your use must comply with YouTube’s Terms of Service and Google Privacy Policy.
Apple App Store. By accessing the Services on a device made by Apple, Inc. (“Apple”), you acknowledge: (a) these Terms are between you and Affinity Labs, not Apple; (b) the license hereunder is limited to installing our Apps on Apple devices you own/control, subject to Apple’s App Store Terms; (c) Apple has no obligation to furnish maintenance or support; (d) in the event of any failure to conform to a warranty, you may notify Apple for a refund of the purchase price (if any); (e) Apple has no responsibility for claims relating to the Apps or Services; (f) Apple is not responsible for third-party IP infringement claims; (g) you are not in a US-sanctioned country or on a prohibited list; and (h) Apple and its subsidiaries are third-party beneficiaries to these Terms and may enforce them.
Google Play Store. By accessing the Services via Google Play, you agree to comply with the Google Play Terms of Service. Google and your device manufacturer/network operator have no obligation to provide maintenance or support with respect to the Apps.